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JAMES FRANCIS MORGAN, BY HIS NEXT FRIEND AND MOTHER, BESSIE HICKSTEINMORGAN, RESPONDENT-RESPONDENT, v. SUSINO CONSTRUCTION COMPANY,PROSECUTOR-APPELLANT.

PER CURIAM.

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 .

For affirmance — THE CHANCELLOR, PARKER, CASE, DONGES, PERSKIE, PORTER, DEAR, HAGUE, THOMPSON, DILL, JJ. 10.

For reversal — HEHER, WELLS, RAFFERTY, JJ. 3.

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MORGAN v. SUSINO CONSTRUCTION CO
(Mar 23, 1944)