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Dwyer v. Lehigh Valley Railroad Co.

New Jersey Supreme Court


Decided: April 13, 1944.

JOHN F. DWYER, PLAINTIFF-RESPONDENT,
v.
LEHIGH VALLEY RAILROAD COMPANY, A CORPORATION, DEFENDANT-APPELLANT

On appeal from the Supreme Court.

For the plaintiff-respondent, Hoberman & Hoberman (Sol Hoberman, of counsel).

For the defendant-appellant, Collins & Corbin (Edward A. Markley and Charles W. Broadhurst, of counsel).

[131 NJL Page 485]

PER CURIAM.

The judgment under review should be affirmed, for the reasons expressed in the opinion of Chief Justice Brogan,

[131 NJL Page 486]

reported in 131 N.J.L. 1, reserving, however, the question of liability under the doctrine of the maritime law for maintenance and cure of the plaintiff as a seaman. The case was not decided by the jury on that theory, and it is not necessary to pass upon that phase of the case.

The judgment is affirmed.

For affirmance -- THE CHANCELLOR, PARKER, CASE, DONGES, HEHER, PERSKIE, PORTER, WELLS, RAFFERTY, HAGUE, THOMPSON, DILL, JJ. 12.

For reversal -- None.

19440413


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