POLAND v. PARSEKIAN


81 N.J. Super. 395 (1963)

195 A.2d 660

CHARLOTTE POLAND AND JOSEPH O. POLAND, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. NED J. PARSEKIAN, DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 1963.


Attorney(s) appearing for the Case

Mr. Richard H. Hughes argued the cause for appellant (Mr. Irving H. Lewis, attorney).

Mr. Peter Fless, Jr. argued the cause for respondents (Mr. Jack DiNola, attorney).

Before Judges GAULKIN, FOLEY and LEWIS.


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

This is a negligence case brought under the authority of N.J.S.A. 39:6-78 which, in circumstances here presented, permits an action against the Director of the Division of Motor Vehicles by one injured in an accident arising out of the ownership, use or maintenance of a motor vehicle when the identity of the vehicle and the owner and operator thereof cannot be ascertained.

The complaint is in two...

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