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HILL, ET AL. v. MACOMBER, ET AL.

103 N.J. Super. 127 (1968)

246 A.2d 731

VICTORIA A. HILL, PLAINTIFF, LOUISE C. HILL; VERNON E. DAVIS, JR. AND JAMES CROSBY DAVIS, MINORS BY THEIR FATHER AND GUARDIAN AD LITEM, VERNON EARL DAVIS AND VERNON EARL DAVIS, IN HIS OWN RIGHT, PLAINTIFFS-RESPONDENTS, v. FREDERICK O. MACOMBER; CHARLES C. HILL, ADMINISTRATOR c.t.a. OF ESTATE OF CROSBY M. HILL, DECEASED, DEFENDANTS-RESPONDENTS, AND ALBERT E. BARRY, DEFENDANT-APPELLANT. CHARLES C. HILL, ADMINISTRATOR c.t.a. OF THE ESTATE OF CROSBY M. HILL, DECEASED, PLAINTIFF-RESPONDENT, v. FREDERICK O. MACOMBER, DEFENDANT-RESPONDENT, AND ALBERT E. BARRY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1968.

Attorney(s) appearing for the Case

Mr. Maurice Y. Cole, Jr., argued the cause for appellant (Messrs. Cole, Koury, Cole & Tighe, attorneys).

Mr. Gerald Weinstein argued the cause for respondent Frederick O. Macomber (Messrs. Lloyd, Megargee, Steedle, Weinstein & Horn, attorneys).

Mr. Donald R. Taggart argued the cause for respondents, Louise C. Hill, Vernon E. Davis, Jr. and James Crosby Davis.

Mr. Michael D. Varbalow argued the cause for respondent Charles C. Hill, administrator c.t.a. of Estate of Crosby M. Hill, deceased.

Before Judges CONFORD, KILKENNY and MINTZ.

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

Trial of these consolidated personal injury and death actions resulted in substantial verdicts in favor of plaintiffs and against defendants Macomber and Barry, except that the $7,500 verdict in favor of Victoria A. Hill is against Macomber alone. Barry's motion for a new trial was denied. Barry appeals from the judgment based on the verdicts against him.

Macomber has not appealed. His position on...

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