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SOLES v. FRANZBLAU

No. 15024.

352 F.2d 47 (1965)

Mamie SOLES, Administratrix ad Prosequendum for the Estate of Donnie Soles, Deceased, and Willie Askins, Administrator ad Prosequendum for the Estates of Dorothy Askins Soles, Deceased, and Alfreda Askins, Deceased, Appellants, v. Aaron FRANZBLAU and Ruth Schlein.

United States Court of Appeals Third Circuit.

Decided November 2, 1965.

Attorney(s) appearing for the Case

Joseph F. Walsh, Bracken & Walsh, D. F. Moore Craig, Newark, N. J. (Avidan & Avidan, Newark, N. J., on the brief), for appellants.

Samuel A. Larner, Newark, N. J. (Budd, Larner & Kent, Newark, N. J., on the brief), for appellee.

Before McLAUGHLIN, HASTIE and SMITH, Circuit Judges.

WILLIAM F. SMITH, Circuit Judge.

This action, under the Wrongful Death Act of New Jersey, N.J.S.A. 2A:31-1 and 31-2, was brought by the plaintiff Mamie Soles on behalf of the next of kin of Donnie Soles, and by the plaintiff Willie Askins on behalf of the next of kin of Dorothy Askins Soles and Alfreda Askins. The action was tried by the court without a jury and resulted in a judgment in favor of the defendants from which the plaintiffs appeal.

The defendants...

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