CARTY v. McELWEE


31 N.J. Super. 532 (1954)

107 A.2d 511

BERTHA S. CARTY, PLAINTIFF-RESPONDENT, v. HERBERT McELWEE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 1954.


Attorney(s) appearing for the Case

Mr. Charles Crabbe Thomas argued the cause for appellant (Mr. John S. Conroy, 3rd, attorney "On the Brief").

Mr. Martin L. Haines argued the cause for respondent (Messrs. Dimon, Haines & Bunting, attorneys).

Before Judges WOODS, KNIGHT and SULLIVAN.


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

This action arises out of an intersection automobile accident which occurred on Route 130 in the City of Burlington between vehicles owned and operated by the plaintiff and defendant respectively. Cross-actions for property damages were filed by both parties. On the morning of the trial the defendant-counterclaimant asked for an adjournment of the trial on the ground that an alleged...

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