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MARSHALL v. GEO. M. BREWSTER & SON, INC.

37 N.J. 176 (1962)

180 A.2d 129

THOMAS O. MARSHALL, JR., ADMINISTRATOR OF THE ESTATE OF NED MARSHALL, DECEASED, PLAINTIFF-APPELLANT, v. GEO. M. BREWSTER & SON, INC., A CORPORATION OF N.J., ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 2, 1962.

Attorney(s) appearing for the Case

Mr. Stanley W. Greenfield argued the cause for the appellant.

Mr. James A. Major argued the cause for the respondents (Mr. James I. Toscano, attorney; Mr. James A. Major, II, on the brief).

The opinion of the Court was delivered by JACOBS, J.

The Appellate Division reversed the Law Division's denial of the defendants' motion for summary judgment. See Marshall v. Geo. M. Brewster & Son, Inc., 68 N.J.Super. 399 (App. Div. 1961). We granted certification on the plaintiff's application.

The decedent Ned Marshall was killed at a railroad crossing...

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