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TABOR v. O'GRADY

61 N.J. Super. 446 (1960)

161 A.2d 267

ELDON TABOR AND EDWARD J. CALLAHAN, PLAINTIFFS-RESPONDENTS, v. JOSEPH O'GRADY, DEFENDANT, AND WILLIAM O'GRADY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 1960.

Attorney(s) appearing for the Case

Mr. Sidney M. Schreiber argued the cause for defendant-appellant (Messrs. Schreiber, Lancaster & Demos, attorneys; Messrs. Sidney M. Schreiber and Roger F. Lancaster, of counsel).

Mr. Jerome B. Litvak argued the cause for plaintiffs-respondents (Messrs. Braff, Litvak & Ertag, attorneys; Messrs. Jerome B. Litvak and Paul H. Greenberg, of counsel).

Before Judges CONFORD, FREUND and HANEMAN.

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

We have granted defendant's petition and plaintiffs' cross-petition for rehearing, both parties desiring us to reconsider the views we expressed on the availability of the defense of contributory negligence in this case, and to review various other matters considered in the opinion. Tabor v. O'Grady, 59 N.J.Super. 330 (App. Div. 1960). Briefs have been...

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