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STEWARD v. ESSO STANDARD OIL COMPANY

111 N.J. Super. 426 (1970)

268 A.2d 529

LAWRENCE M. STEWARD, PLAINTIFF-RESPONDENT, v. ESSO STANDARD OIL COMPANY, a/k/a HUMBLE OIL & REFINING CO. AND HUMBLE OIL & REFINING COMPANY, DEFENDANTS-APPELLANTS, AND PUBLIC SERVICE ELECTRIC AND GAS COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Supplemental Memoranda filed June 16, 19 and 22, 1970.

Decided August 6, 1970.

Attorney(s) appearing for the Case

Mr. Maurice B. McLaughlin argued the cause for appellants (Messrs. Galvin, French & McLaughlin, attorneys).

Mr. Samuel Jacobs argued the cause for plaintiff-respondent.

Mr. Luke A. Kiernan, Jr. filed a statement in lieu of brief and, by leave of the court, a letter memorandum on behalf of respondent Public Service Electric and Gas Company.

Before Judges KILKENNY, LABRECQUE and LEONARD.

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

Defendant and third party plaintiff Humble Oil and Refining Company (Humble), successor by merger to Esso Standard Oil Company, appeal from an adverse judgment for $35,000 in favor of plaintiff Steward1 and from denial of its motion for a new trial.

On June 4, 1965 Steward was a welder employed by O.C. Francis Co., Inc., an independent contractor engaged by Humble to lay...

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