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FORMICHELLA v. LAYTON

25 N.J. Super. 1 (1953)

95 A.2d 419

JOSEPH FORMICHELLA, PLAINTIFF-RESPONDENT, v. WILLIAM D. LAYTON, SR. AND WILLIAM D. LAYTON, JR., INDIVIDUALLY AND TRADING AS WILLIAM D. LAYTON & SON FUEL TRANSPORTATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 1953.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for appellants (Messrs. Durand, Ivins & Carton, attorneys).

Mr. Harry Lane, Jr., argued the cause for respondent (Mr. William T. Osborne, attorney).

Before Judges EASTWOOD, BIGELOW and JAYNE.

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

On December 14, 1951 the plaintiff was operating his automobile in a northerly direction in the easterly lane on the three-lane section of Route 35 in Ocean Township, Monmouth County. Approaching from the north and proceeding southerly in the westerly lane was a vehicle designated as the United Parcel Service truck followed by the tractor-trailer of the defendants...

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