Vargas v. A. H. Bull Steamship Co.

The basic questions involved in this appeal were dealt with comprehensively by Judge Gaulkin in the Law Division of the Superior Court. The dismissal is affirmed for the reasons stated by him and reported in 44 N. J. Super. 536 (Law Div. 1957).

In addition to arguing the merits of the issues involved, cross-appellants question the legal propriety of the counsel fees granted to plaintiffs in the orders of dismissal. The ground of objection is that authority to make such awards is limited by R. R. 4:55-7 and that this case is not within the scope of the rule. But the allowance finds its support…