Carlotz Ex Rel. Carlotz v. Gavin

The opinion of the court was delivered by

Perskie, J.

This is a negligence case. It arises out of an automobile accident which occurred on December 2d, 1940, when the infant plaintiff was struck by a truck operatéd by defendant’s servant, while the infant was crossing McKeen Street at or about where it intersects South Main Street, in Phillipsburg, New Jersey.

The infant plaintiff, by his next friend, his father, was awarded a jury verdict of $5,250 and the father was awarded $1,000 against the owner and operator of the truck.

The trial judge allowed defendants a rule to show cause why the…