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CARBONE v. WARBURTON

22 N.J. Super. 5 (1952)

91 A.2d 518

FRANK CARBONE, PLAINTIFF-APPELLANT, v. JACK C. WARBURTON, DEFENDANT-RESPONDENT

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1952.

Attorney(s) appearing for the Case

Mr. Leo Rosenblum argued the cause for plaintiff-appellant.

Mr. Frederick C. Vonhof argued the cause for the defendant-respondent (Mr. William P. Braun, attorney).

Before Judges WAESCHE, HUGHES and FRANCIS.

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

Appellant, Carbone, sued respondent, Warburton, a medical doctor, charging malpractice. At the trial Carbone offered one Dr. Sidney D. Jacobson, a New York physician, as an expert witness. After direct and cross-examination as to his qualifications, the trial court declared that he was not qualified and declined, on objection, to allow him to testify. Counsel then informed the court...

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