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ROLFE v. OLSON

87 N.J. Super. 242 (1965)

208 A.2d 817

OLIVIA MAY ROLFE, BY HER GUARDIAN AD LITEM, JENNIE ROLFE, AND JENNIE ROLFE, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. RUDOLPH OLSON AND MARY OLSON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1965.

Attorney(s) appearing for the Case

Mr. Peter Shebell, Jr. argued the cause for appellants (Mr. Thomas F. Shebell, attorney).

Mr. Robert V. Carton argued the cause for respondents (Messrs. Carton, Nary, Witt & Arvanitis, attorneys; Mr. H. Frank Carpentier, on the brief).

Before Judges CONFORD, KILKENNY and LEWIS.

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

This was an action to recover damages for the injury of a six-year-old child, proceeding along a road, allegedly caused by the negligent operation of an automobile by defendant. The focal dispute at trial was whether or not defendant's automobile actually made contact with the child's body. There was conflicting evidence in support of each of the contradictory...

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