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CRESPO v. LIPSCHUTZ

11 N.J. Super. 64 (1950)

78 A.2d 115

CARMELO CRESPO, PLAINTIFF-RESPONDENT, v. ROBERT H. LIPSCHUTZ, AND ANOTHER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1950.

Attorney(s) appearing for the Case

Mr. Edward Fishman argued the cause for the respondent.

Mr. G. Arthur Bolte argued the cause for the appellant Robert H. Lipschutz (Messrs. Bolte & Repetto, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

The argument for the defendant-appellant leads to a single question: Was the verdict, either as to liability or as to amount of damages, against the weight of the evidence? The plaintiff was riding a bicycle along the White Horse Pike at Hammonton at night — about one A.M. — when defendant, driving an automobile in the same direction, overtook and...

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