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McCOMISH v. DeSOI

83 N.J. Super. 505 (1963)

200 A.2d 511

LAVINA MAE McCOMISH, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ROBERT G. McCOMISH, DECEASED, PLAINTIFF-RESPONDENT, v. HARRY L. DeSOI, ET AL., DEFENDANTS, AND BRENNAN COMPANY, INC., ETC., DEFENDANT-APPELLANT, AND BELOIT IRON WORKS, ETC., DEFENDANT-APPELLANT. ROBERT R. TOMAN, PLAINTIFF-RESPONDENT, v. HARRY L. DeSOI, ET AL., DEFENDANTS, AND BRENNAN COMPANY, INC., ETC., DEFENDANT-APPELLANT, AND BELOIT IRON WORKS, ETC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1963.

Attorney(s) appearing for the Case

Mr. Clifford W. Starrett argued the cause for defendant-appellant, Brennan Company, Inc. (Messrs. Schenck, Smith & King, attorneys; (Mr. Starrett, of counsel).

Mr. Philip M. Lustbader argued the cause for defendant-appellant, Beloit Iron Works (Messrs. Schneider, Lustbader & Morgan, attorneys).

Mrs. Janet W. Freeman argued the cause for plaintiffs-respondents (Mr. Fred Freeman, attorney; Mrs. Freeman, on the brief).

Before Judges GOLDMANN, FREUND and FOLEY.

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

Defendants, Beloit Iron Works (Beloit) and Brennan Company, Inc. (Brennan), appeal from final judgments entered on jury verdicts in Superior Court, Law Division, awarding $160,000 to Lavina Mae McComish, administratrix ad prosequendum for the estate of Robert G. McComish, deceased, and $16,500 to Robert R. Toman. They further appeal from the denial of their respective motions to dismiss, for judgment...

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