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Dwyer v. Lehigh Valley Railroad Co.

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).

PER CURIAM.

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

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 -- ...


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