GRAF v. TAGGERT


43 N.J. 303 (1964)

204 A.2d 140

RUTH GRAF AND WALTER P. GRAF, HER HUSBAND, AND WALTER P. GRAF, ADMINISTRATOR, ETC., PLAINTIFFS-APPELLANTS, v. DOUGLAS TAGGERT AND ELEANOR TAGGERT, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 19, 1964.


Attorney(s) appearing for the Case

Mr. Edward J. Johnson, Jr., argued the cause for the plaintiffs-appellants (Mr. Samuel Chiaravalli, attorney).

Mr. Francis J. Beyrent argued the cause for the defendants-respondents (Messrs. Schenck, Price, Smith & King, attorneys).


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

The sole question on this appeal is whether there is a right of recovery under the New Jersey Death Act, N.J.S. 2A:31-1 et seq., by the administrator ad prosequendum of a stillborn child who died as a result of injuries received while en ventre sa mere.

The facts are stipulated. On June 16, 1962 Mrs. Graf was injured in a collision between her husband's automobile, which she...

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