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MARSH v. DAVIS

99 N.J. Super. 130 (1968)

238 A.2d 709

EDITH W. MARSH, PLAINTIFF, v. AUGUSTUS DAVIS, RICHARD J. DULL, JR., AND JAMES W. MARSH, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS. AUGUSTUS DAVIS, THIRD-PARTY PLAINTIFF, v. RICHARD J. DULL, JR., AND JAMES W. MARSH, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 19, 1968.

Attorney(s) appearing for the Case

Mr. Joseph Rodriguez for plaintiff (Messrs. Brown, Connery, Kulp & Wille, attorneys).

Mr. Arthur Montano for defendant Marsh (Messrs. Kisselman, Devine, Deighan & Montano, attorneys).

Mr. John A. Fratto for defendant Dull (Messrs. Bleakly, Stockwell & Zink, attorneys).

HEINE, J.S.C.

This matter is submitted to the court on companion motions for summary judgment in favor of defendants Richard J. Dull and James W. Marsh.

The factual situation is quite simple. It involves a typical three-car chain collision on Route 40 in Salem County on December 27, 1964. Plaintiff Edith Marsh, a resident of North Carolina, was a passenger in the number two car, operated by her brother James W. Marsh, a resident of Maryland. Initially, she...

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