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FORD v. FOX

8 N.J. Super. 80 (1950)

73 A.2d 270

CARRIE FORD AND JOSEPH T. FORD, PLAINTIFFS-RESPONDENTS, v. BENJAMIN FOX, DEFENDANT-APPELLANT, AND CHARLES DEYOUNG AND THOMAS FLANNIGAN, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1950.

Attorney(s) appearing for the Case

Mr. Sidney P. McCord, Jr., argued the cause for the appellant Benjamin Fox (Messrs. Starr, Summerill & Davis, attorneys).

Mr. Frank M. Lario argued the cause for the respondents.

Before Judges JACOBS, DONGES and BIGELOW.

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

The plaintiffs recovered judgment in the Law Division in their negligence action against the defendants Fox, DeYoung and Flannigan. The defendants DeYoung and Flannigan have not appealed but the defendant Fox has appealed on the ground that judgment should have been directed in his favor.

The defendant Flannigan operated a Texaco gasoline service station in Clementon, New Jersey. In conjunction with...

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