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SCHABO v. COUNTY OF MERCER, STATE OF NEW JERSEY

Nos. 14451, 14452.

333 F.2d 971 (1964)

Alton R. SCHABO, Appellant, v. COUNTY OF MERCER, a body politic of the STATE OF NEW JERSEY, by its BOARD OF CHOSEN FREEHOLDERS who are Richard J. Coffee, Joseph R. Gruerio, Frank J. Black, Thomas F. Rhodes, Sr., Arthur R. Sypek, George J. Sutch and Charles Kovacs. Alton R. SCHABO, Appellant v. Mary B. JOHNSON and Catherine C. Berger, Administratrices of the Estate of John W. Condon, deceased.

United States Court of Appeals Third Circuit.

Decided June 22, 1964.

Attorney(s) appearing for the Case

Leon H. Kline, Philadelphia, Pa. (Martin H. Philip, Palmerton, Pa., Bruce Schragger, Trenton, N. J., on the brief), for appellant.

Kenneth J. Dawes, Trenton, N. J. (Dawes & Dawes, Trenton, N. J., for defendant-appellee, Mercer County; Scott, Fox & Walsh, Trenton, N. J., for defendants-appellees, Mary B. Johnson and Catherine C. Berger, Administratices of the Estate of John W. Condon, deceased, on the brief), for appellees.

Before McLAUGHLIN and FORMAN, Circuit Judges, and LEAHY, District Judge.

LEAHY, District Judge.

Plaintiff, a pedestrian, was struck by a vehicle owned by the County of Mercer, in the State of New Jersey, and operated by its then Sheriff, John Condon. The accident occurred a short time after 2:00 a. m., on Nottingham Way, a three-lane, concrete highway, having on its north side a macadam shoulder estimated to be fifteen or sixteen feet wide.

Prior to the accident, plaintiff had several...

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