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WELLENHEIDER v. RADER

49 N.J. 1 (1967)

227 A.2d 329

FRANK WELLENHEIDER, PLAINTIFF-APPELLANT, v. WILLIAM H. RADER, INDIVIDUALLY AND T/A HENRY RADER & SON, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND BARTLEY CONTI, WILLIAM CONTI AND FRANK CONTI, INDIVIDUALLY, AND T/A CONTI BROTHERS ROOFING, JOINTLY, SEVERALLY OR IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 6, 1967.

Attorney(s) appearing for the Case

Mr. Seymour Margulies argued the cause for plaintiff-appellant, Frank Wellenheider (Messrs. Schwartz, Horowitz & Krivitzky, attorneys; Messrs. Levy, Lemken & Margulies, of counsel; Mr. Seymour Margulies, on the brief).

Mr. Frank Paglianite argued the cause for defendant-respondent and cross-appellant, William Rader, individually and t/a Henry Rader & Son.

Mr. H. Curtis Meanor argued the cause for defendants-respondents, Bartley Conti, William Conti and Frank Conti, individually, and t/a Conti Brothers Roofing (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys).

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

This is a personal injury negligence suit. Plaintiff Frank Wellenheider recovered a jury verdict against defendant William H. Rader and defendants Bartley Conti, William Conti and Frank Conti, partners (Conti). Motions by defendants for judgments n.o.v. and in the alternative for new trials were denied. On appeal the Appellate Division determined that there was no...

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