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MARSHALL v. GEO. M. BREWSTER & SON, INC.

68 N.J. Super. 399 (1961)

172 A.2d 458

THOMAS O. MARSHALL, JR., ADMINISTRATOR OF THE ESTATE OF NED MARSHALL, DECEASED, PLAINTIFF-RESPONDENT, v. GEO. M. BREWSTER & SON, INC., A CORPORATION OF N.J., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1961.

Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for defendants-appellants (Mr. James I. Toscano, attorney; Mr. James A. Major, II, on the brief).

Mr. Stanley W. Greenfield argued the cause for plaintiff-respondent.

Before Judges FOLEY, LEWIS and HERBERT.

HERBERT, J.S.C. (temporarily assigned).

This is an appeal from an order of the Law Division which denied a motion for summary judgment made on behalf of the defendants. Being interlocutory, it is here by permission granted under R.R. 2:2-3.

On October 2, 1958 Ned Marshall was killed at a railroad crossing in Pittsburgh, Pennsylvania, when the motor vehicle in which he was riding was struck by a train. The case arises out of that accident. The defendants...

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