Morgan v. Susino Constr. Co.
| Decision Date | 23 March 1944 |
| Docket Number | No. 43, Oct. Term, 1943; No. 32, Feb. Term 1944.,43, Oct. Term, 1943; No. 32, Feb. Term 1944. |
| Citation | 131 N.J.L. 329,36 A.2d 604 |
| Parties | James Francls MORGAN, by His Next Friend and Mother, Bessie Hickstein Morgan, Respondent-Respondent, v. SUSINO CONSTRUCTION COMPANY, Prosecutor-Appellant. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
On appeal from Supreme Court, whose opinion is reported in 130 N.J.L. 418, 33 A.2d 607.
Thomas J. Brett and Edwin Joseph O'Brien, both of Newark, for appellant.
Irving L. Hodes and Hodes & Hodes, all of Newark, for respondent.
The judgment under review herein should be affirmed for the reasons expressed in the opinion delivered by the Chief Justice in the Supreme Court; reserving, however, any expression as to the rights of an unborn child not within the statutory provision. See Stemmer v. Kline, 128 N.J.L. 455, 26 A.2d 489, 684.
For affirmance: The CHANCELLOR, Justices PARKER, CASE, DONGES, PERSKIE, and PORTER, and Judges DEAR, HAGUE, THOMPSON, and DILL
For reversal: Justice HEHER and Judges WELLS and RAFFERTY-3.
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Giardina v. Bennett
...the inclusion of "children" in general, a "child in esse" could be a dependent. N.J.S.A. 34:15-13(f); accord Morgan v. Susino Const. Co., 131 N.J.L. 329, 36 A.2d 604 (E. & A.1944) (noting inclusion of unborn fetus but finding that rights of unborn are limited to what is found in statute). S......
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Smith v. Brennan
...in N.J.S.A. 34:15--13, subd. g. Morgan v. Susino Construction Co., 130 N.J.L. 418, 33 A.2d 607 (Sup.Ct.1943), affirmed o.b. 131 N.J.L. 329, 36 A.2d 604 (E. & A. 1944). And it has been widely held that an infant may bring a statutory action for the wrongful death of its father occurring befo......
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Schmoll v. Creecy
... ... N.J.S.A. 34:15--13; Morgan v. Susino Construction Co., 130 N.J.L. 418, 33 A.2d 607 (Sup.Ct.1943), affirmed 131 N.J.L. 329, 36 ... ...
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In Re Petagno.
...testify’; and in support of his contention he cited Morgan v. Susino Const. Co., 1943, 130 N.J.L. 418, 33 A.2d 607, 610, affirmed 131 N.J.L. 329, 36 A.2d 604, the opinion in which case refers to Wigm.Ev. Vol. 2, Sec. 1492. The cited Wigmore sentence, namely, ‘It seems never to have been dou......