Decided: March 23, 1944.
JAMES FRANCIS MORGAN, BY HIS NEXT FRIEND AND MOTHER, BESSIE HICKSTEIN MORGAN, RESPONDENT-RESPONDENT,
SUSINO CONSTRUCTION COMPANY, PROSECUTOR-APPELLANT
On appeal from the Supreme Court, whose opinion is reported in 130 N.J.L. 418.
For the respondent, Hodes & Hodes (Irving L. Hodes).
For the appellant, Thomas J. Brett and Edwin Joseph O'Brien.
[131 NJL Page 329]
The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by the Chief Justice in the Supreme Court; reserving, however, any expression as to the rights of an unborn child not within the
[131 NJL Page 330]
statutory provision. See Stemmer v. Kline, 128 N.J.L. 455.
For affirmance -- THE CHANCELLOR, PARKER, CASE, DONGES, PERSKIE, PORTER, DEAR, HAGUE, THOMPSON, DILL, JJ. 10.
For reversal -- HEHER, WELLS, RAFFERTY, JJ. 3.