Mursky v. Brody

This appeal is from a judgment in a death action recovered in the Middlesex County Court of Common Pleas. The plaintiff’s intestate, a young man, age twenty-two, accompanied by Walter Mendoker, eighteen years of age, was walking along the state highway route 28, between Oldbridge and South Biver, New Jersey, at one o’clock in the morning following *726Labor Day in 1934, when the defendant’s automobile struck and killed him. The testimony shows that the roadway was not illuminated; that weather conditions were unfavorable, there being a certain amount of fog and light rain. The boys were walking…