McDONALD v. MULVIHILL


84 N.J. Super. 382 (1964)

202 A.2d 213

PONCE DELEON McDONALD, AN INFANT, BY HIS GUARDIAN AD LITEM, MARGIE LEE McDONALD, AND MARGIE LEE McDONALD, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. DELLA MULVIHILL AND JOHN MULVIHILL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1964.


Attorney(s) appearing for the Case

Mr. Rocco Wm. LoPiano argued the cause for appellants.

Mr. H. Curtis Meanor argued the cause for respondents (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

Before Judges GOLDMANN, KILKENNY and COLLESTER.


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

Action was brought in the Superior Court, Law Division, to recover damages sustained by plaintiff Ponce DeLeon McDonald, an infant pedestrian, who was struck by an automobile owned by Della Mulvihill, and operated by John Mulvihill, her husband. At the close of the evidence the court dismissed the action against Della Mulvihill because there was no proof that...

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