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McCOMBS v. PENISTON

22 N.J. Super. 246 (1952)

92 A.2d 42

JOHN J. McCOMBS AND MARTHA McCOMBS, INDIVIDUALLY, AND MARCIA McCOMBS, BY HER GUARDIAN AD LITEM JOHN J. McCOMBS, PLAINTIFFS-APPELLANTS, v. RICHARD PENISTON, ALTA COHEN AND GEORGE H. KOLB, TRADING AS KOLB'S GARAGE, DEFENDANTS-RESPONDENTS. JOHN J. McCOMBS, PLAINTIFF-APPELLANT, v. RICHARD PENISTON, ALTA COHEN AND GEORGE H. KOLB, TRADING AS KOLB'S GARAGE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 23, 1952.

Attorney(s) appearing for the Case

Mr. Frank J. Brunetto, Jr., attorney for and of counsel with plaintiffs-appellants on both appeals.

Mr. Bernard Shurkin argued the cause for defendants-respondents on both appeals (Messrs. Sanderson & Engel, attorneys; Mr. Eugene W. Cullen on the brief).

Before Judges JAYNE, PROCTOR and SCHETTINO.

The opinion of the court was delivered by PROCTOR, J.S.C. (temporarily assigned).

These actions, consolidated for trial, were brought to recover damages resulting from a collision involving a truck occupied by the plaintiffs and an automobile operated by the defendant Peniston and owned by the defendant Cohen. The other defendant, Kolb, was the owner of a public garage and the alleged employer of Peniston.

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