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FRANCO v. DAVIS

51 N.J. 237 (1968)

239 A.2d 1

MELODY DALE FRANCO, PLAINTIFF-APPELLANT, v. JAMES GLYNN DAVIS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued January 22, 1968.

Decided February 20, 1968.

Attorney(s) appearing for the Case

Mr. Gerald D. Miller argued the cause for plaintiff-appellant (Mr. Abraham Miller, attorney; Mr. Gerald D. Miller, of counsel and on the brief).

Mr. Robert F. Colquhoun argued the cause for defendant-respondent (Mr. Samuel A. DeGonge, of counsel and on the brief).

The opinion of the court was delivered PER CURIAM.

This is an intra-family negligence case. The plaintiff made two basic contentions at the trial level, which she reasserts here. One is that this case is different enough factually from Hastings v. Hastings, 33 N.J. 247 (1960), in which we held that a negligence action could not be maintained by an unemancipated child against her parent, so that the principles of that decision...

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