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KULBACKI v. SOBCHINSKY

38 N.J. 435 (1962)

185 A.2d 835

FRANK KULBACKI, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF FRANCIS KULBACKI, DECEASED, PLAINTIFF-RESPONDENT, v. RICHARD SOBCHINSKY AND MARTIN GUZIOR, T/A THE SOMERVILLE TRANSFER COMPANY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided November 19, 1962.

Attorney(s) appearing for the Case

Mr. H. Curtis Meanor argued the cause for defendants-appellants (Messrs. Lamb, Langan & Blake, attorneys; Messrs. Arthur J. Blake and H. Curtis Meanor, of counsel).

Mr. Seymour Feingold argued the cause for plaintiff-respondent (Mr. Samuel Kaplan, attorney; Mr. Feingold, of counsel).

The opinion of the court was delivered by SCHETTINO, J.

This is a Death By Wrongful Act suit (N.J.S. 2A:31-1 et seq.) in which plaintiff sought damages for the death of his eight-year-old boy. It was tried before a jury which returned a unanimous verdict in favor of defendants. When the trial court subsequently denied plaintiff's motion for a new trial, an appeal was taken. The trial court's denial was reversed by the Appellate Division and a new trial...

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