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McANDREW v. MULARCHUK

38 N.J. 156 (1962)

183 A.2d 74

WILLIAM F. McANDREW, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF ROBERT McANDREW, AN INFANT, AND FRANCES McANDREW, PLAINTIFFS-APPELLANTS, v. ANDREW MULARCHUK, ET AL., DEFENDANTS, AND BOROUGH OF KEANSBURG, A MUNICIPALITY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 2, 1962.

Attorney(s) appearing for the Case

Mr. Prospero DeBona argued the cause for plaintiffs-appellants (Messrs. Milton and Keane, attorneys; Mr. DeBona, of counsel).

Mr. James L. Melhuish argued the cause for defendant-respondent (Messrs. Doyle, Galvin, French & Melhuish, attorneys; Mr. Melhuish, of counsel).

The opinion of the court was delivered by SCHETTINO, J.

This appeal is from an order of the trial court granting a motion striking compensatory damages as an issue in a new trial which was directed by our former opinion in this cause. 33 N.J. 172 (1960). Defendant's motion was based upon the theory that at the original trial the jury had ascertained by its verdict the amount of compensatory damages regardless of who caused the injury...

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