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ZUCKERBROD v. BURCH

88 N.J. Super. 1 (1965)

210 A.2d 425

MICHAEL I. ZUCKERBROD, AN INFANT, BY HIS GUARDIAN AD LITEM, SAUL ZUCKERBROD, AND SAUL ZUCKERBROD AND SYLVIA ZUCKERBROD, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. HARVEY BURCH, JR., HARVEY E. BURCH AND ENCARNACION BURCH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1965.

Attorney(s) appearing for the Case

Mr. Frank Fink argued the cause for plaintiffs (Mr. David B. Geltzeiler, attorney).

Mr. Charles V. Webb, Jr. argued the cause for defendants (Mr. Aaron Dines, on the brief; Messrs. Gaffey & Webb, attorneys)

Before Judges GAULKIN, FOLEY and COLLESTER.

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

The infant plaintiff Michael, then 7 1/2 years old, was injured by a metal rod thrown by defendant Harvey Burch, Jr. (hereafter Harvey), then 5 1/2 years old. Michael and his parents sued Harvey and his parents for the resulting damages. Their action was dismissed at the end of the case, and they appeal.

One count of the complaint alleged, as against...

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