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RUTHERFORD v. MODERN TRANSP. CO.

128 N.J. Super. 504 (1974)

320 A.2d 522

MARY RUTHERFORD, INDIVIDUALLY AND AS ADMINISTRATRIX, PLAINTIFF, v. MODERN TRANSPORTATION COMPANY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided March 20, 1974.

Attorney(s) appearing for the Case

Mr. Ira J. Zarin for plaintiff (Messrs. Zarin and Maran, attorneys).

Mr. Neil Reiseman for defendant (Messrs. Conway, Reiseman and Michaels, attorneys).

LARNER, A.J.S.C.

Plaintiff as administratrix, both general and ad prosequendum, brings this wrongful death action for damages resulting from the death of her husband Roosevelt Rutherford as a result of an accident which occurred on October 9, 1970. One of the defendants against whom negligence is alleged is Modern Transportation Co. This defendant has asserted as one of its defenses that decedent Roosevelt Rutherford was its employee, that the occurrence and...

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