MILLER v. MUSCARELLE


67 N.J. Super. 305 (1961)

170 A.2d 437

MARY MILLER, ADMINISTRATRIX AD PROSEQUENDUM OF RUSSELL MILLER, DECEASED, PLAINTIFF-APPELLANT, v. JOSEPH L. MUSCARELLE, CHARLES W. MUSCARELLE, GEORGE FIELDS, AND ARTHUR FOWLER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 1, 1961.


Attorney(s) appearing for the Case

Mr. Raymond Chasan argued the cause for appellant (Messrs. Warren, Chasan and Leyner, attorneys).

Mr. Theodore W. Geiser argued the cause for respondents Joseph L. Muscarelle and Charles W. Muscarelle (Messrs. Shaw, Pindar, McElroy, Connell and Foley, attorneys).

Mr. James A. Major argued the cause for respondents George Fields and Arthur Fowler (Mr. James I. Toscano and Mr. James A. Major, II, attorneys).

Before Judges CONFORD, FREUND and KILKENNY.


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

Plaintiff brought this action in her representative capacity, seeking damages for the wrongful death of her intestate, Russell Miller, who died September 4, 1956 in an accident while working as a laborer on a construction project being executed by his employer, Jos. L. Muscarelle, Inc., at Paramus. The employer is not a defendant, having discharged its legal...

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