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PHILLIPS v. SCRIMENTE

66 N.J. Super. 157 (1961)

168 A.2d 809

ROSA N. PHILLIPS AND SAMUEL PHILLIPS, PLAINTIFFS-APPELLANTS, v. SAMUEL SCRIMENTE, INDIVIDUALLY AND TRADING AS LACKAWANNA TAXI SERVICE, TERENCE MELIA, AN INFANT, BY HIS GUARDIAN AD LITEM, SARAH ELIZABETH OLEN, AND FREDERICK A. KINCH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1961.

Attorney(s) appearing for the Case

Mr. Morris M. Schnitzer argued the cause for the plaintiffs-appellants (Messrs. Kasen, Schnitzer and Kasen, attorneys).

Mr. John J. Frank argued the cause for the defendants-respondents Samuel Scrimente and Terence Melia (Messrs. Hueston, Frank & Hueston, attorneys).

Mr. Baruch S. Seidman argued the cause for the defendant-respondent Frederick A. Kinch (Messrs. Reid & Flaherty, attorneys).

Before Judges PRICE, GAULKIN and SULLIVAN.

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

Rosa N. Phillips was a passenger in a taxicab owned by defendant Scrimente and driven by defendant Melia, when it collided with an automobile driven by defendant Kinch. She, and her husband per quod, sued for the allegedly resulting injuries. The trial court directed a verdict in favor of Kinch, and the jury returned a verdict in favor of the remaining defendants. Plaintiffs appeal.

Plaintiffs...

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