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FITZGERALD v. PALMER

47 N.J. 106 (1966)

219 A.2d 512

ROSA B. FITZGERALD, GENERAL ADMINISTRATRIX OF THE ESTATE OF LONNIE J. FITZGERALD, DECEASED, AND ROSA B. FITZGERALD, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF LONNIE J. FITZGERALD, DECEASED, PLAINTIFF-APPELLANT, v. DWIGHT R.G. PALMER, COMMISSIONER, STATE HIGHWAY DEPARTMENT OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 2, 1966.

Attorney(s) appearing for the Case

Mr. Ira Rabkin argued the cause for appellant (Messrs. Molotsky, Rabkin & Gross, attorneys).

Mr. Alan B. Handler, First Assistant Attorney General, argued the cause for respondent (Mr. Richard Newman, Deputy Attorney General, of counsel and on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiff's decedent was killed when his automobile was struck by a piece of concrete weighing about 60 pounds dropped by an unknown person from an overhead crossing constructed by the State Highway Department. The event was unquestionably a criminal one. The culprit had carried the piece of concrete a considerable distance to the point from which it was released to the road below. The suit

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