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Morgan v. Susino Construction Co.

Decided: March 23, 1944.

JAMES FRANCIS MORGAN, BY HIS NEXT FRIEND AND MOTHER, BESSIE HICKSTEIN MORGAN, RESPONDENT-RESPONDENT,
v.
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.

PER CURIAM.

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

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, ...


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