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HOUSEN v. OLESKY

71 N.J. Super. 95 (1961)

176 A.2d 297

LILLIAN HOUSEN AND DONALD HOUSEN, HER HUSBAND, PLAINTIFFS, AND JOHN A. HILLMAN, EXECUTOR OF THE LAST WILL AND TESTAMENT OF BARBARA HILLMAN, DECEASED, PLAINTIFF-RESPONDENT, v. ROBERT OLESKY, RICHARD CONSTANTINO AND LOUIS CONSTANTINO, T/A ACE SERVICE STATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1961.

Attorney(s) appearing for the Case

Mr. Roy G. Simmons argued the cause for defendants-appellants (Messrs. Camp & Simmons, attorneys; Mr. William E. O'Connor, Jr., on the brief).

Mr. Edward W. Haines argued the cause for plaintiff-respondent (Messrs. Haines & Schuman, attorneys).

Before Judges CONFORD, FREUND and LABRECQUE.

The opinion of the court was delivered by CONFORD, S.J.A.D.

This appeal brings in question aspects of the trial procedure in this death action, wherein there was a recovery of $10,000 for the death of the 78-year-old decedent, mother of the nominal plaintiff, John A. Hillman, suing under the statute as executor, and of Lillian Housen, who had a separate recovery for her own injuries arising out of the same accident. The latter judgment is not involved on this appeal...

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