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HEAKE v. ATLANTIC CASUALTY INS. CO.

15 N.J. 475 (1954)

105 A.2d 526

MARTHA H. HEAKE, EXECUTRIX UNDER WILL OF JOHN H. HEAKE, JR., DECEASED, PLAINTIFF-RESPONDENT, v. ATLANTIC CASUALTY INSURANCE COMPANY, DEFENDANT-APPELLANT. EDWARD GARGANO, AN INFANT, BY HIS FATHER AND GUARDIAN AD LITEM, MICHAEL GARGANO, PLAINTIFF-RESPONDENT, v. AUTOMOBILE ASSOCIATION OF NEW JERSEY AND ATLANTIC CASUALTY INSURANCE COMPANY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 31, 1954.

Attorney(s) appearing for the Case

Mr. Harry Green argued the cause for the appellants.

Mr. James Hunter, III, argued the cause for the respondents (Mr. Joseph C. Haines, attorney for respondent Martha H. Heake; Messrs. Archer, Greiner, Hunter & Read, attorneys for respondent Edward Gargano).

The opinion of the court was delivered by VANDERBILT, C.J.

I.

On January 14, 1952 John H. Heake, Jr. was killed in a collision between two motor vehicles in which the automobiles involved were operated by Edward Gargano and Gerald Cohen. Martha H. Heake, the widow of the deceased and executrix of his will, instituted a suit in the Superior Court, Law Division, under the Death Act against both Gargano and Cohen, resulting in a judgment in her favor against...

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