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HAMMOND v. PENNSYLVANIA R.R. CO.

54 N.J. Super. 149 (1959)

148 A.2d 515

MARGARET HAMMOND, ADMINISTRATRIX AD PROSEQUENDUM OF JOHN HAMMOND, DECEASED, AND DEBORAH HAMMOND, JOHN HAMMOND, JR., MERRIAL HAMMOND, WAYNE HAMMOND AND LEIGHTON HAMMOND, MINORS, BY THEIR NEXT FRIEND, MERRIAL A. KYLER, PLAINTIFFS, v. THE PENNSYLVANIA RAILROAD COMPANY, A CORPORATION, AND THE NEW YORK AND LONG BRANCH RAILROAD COMPANY, A CORPORATION, AND P.S. WENTZ, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 13, 1959.

Attorney(s) appearing for the Case

Mr. Eugene Capibianco, attorney for the guardian ad litem.

Messrs. Hanlon, Argeris & Crahay (Mr. Stephen A. Argeris appearing), attorney for defendant The New York and Long Branch Railroad Company.

MARIANO, J.S.C.

By order of the court Merrial A. Kyler, guardian ad litem of five alleged minor illegitimate children of the decedent, was permitted to intervene in the above entitled matter as party plaintiff. Such intervention was permitted subject to motion for dismissal of the complaint either before or during trial on grounds that the said minors are not proper parties plaintiff nor do they have a cause of action. It is the motion which is now being determined...

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