337 F.2d 93 (3rd Cir. 1964), 14680, Dowd v. Webb
|Docket Nº:||14680, 14681.|
|Citation:||337 F.2d 93|
|Party Name:||J. Patrick DOWD, Appellant, v. Bryan WEBB, Margaret H. Webb, Charles J. Hesse, Jr., Michael J. Stavola, Stanley Savage, John Doe, Individuals and Beacon Stables, a Partnership. J. Patrick DOWD, Appellant, v. Stanley SAVAGE, Charles J. Hesse, Jr., Michael J. Stavola, Bryan Webb, and Margaret H. Webb, Individuals, and Beacon Stables, a New Jersey Par|
|Case Date:||October 08, 1964|
|Court:||United States Courts of Appeals, Court of Appeals for the Third Circuit|
Argued April 23, 1964.
Lee A. Holley (Holley & Kroner, Orange, N.J., Robert B. Kroner, Orange, N.J., of counsel, on the brief), for appellant.
Samuel A. Larner, Newark, N.J. (Budd, Larner & Kent, Newark, N.J., on the brief), for defendants-appellees, Charles J. Hesse, Jr., Michael J. Stavola and Beacon Stables.
Klatsky & Himelman, Red Bank, N.J., Arthur P. Siegfried, Red Bank, N.J., of counsel, for appellee Savage.
Before KALODNER, FORMAN and SMITH, Circuit Judges.
KALODNER, Circuit Judge.
These actions, arising out of an assault by the defendant, Bryan Webb, upon the Plaintiff, J. Patrick Dowd, with a four-pronged pitchfork, inflicting severe injuries later detailed, were brought in the District of New Jersey. Dowd is a citizen of Connecticut. Webb is a citizen of New Jersey. The other defendants, Stanley Savage, and Charles J. Hesse, Jr. and Michael J. Stavola, trading as Beacon Stables, a New Jersey partnership, are also citizens of New Jersey. Jurisdiction is founded upon diversity of citizenship.
The assault in question was committed in Rhode Island, and under the New Jersey Conflicts of Law rule Rhode Island law is applicable. Marshall v. George M. Brewster & Son, Inc., 37 N.J. 176, 180 A.2d 129, 95 A.L.R.2d 1153 (1962).
At trial, the court dismissed as to Hesse, Stavola and Beacon Stables at the close of the plaintiff's case, and as to Savage at the close of all of the evidence. A judgment of default was entered against Webb in the amount of $18,677.00. 1
The plaintiff prosecutes these appeals claiming that the complaints against Hesse, Stavola, Beacon Stables and Savage were erroneously dismissed, and that the amount of the verdict against Webb was inadequate.
The facts pertaining to the dismissed actions, viewed most favorably to the plaintiff, are as follows:
The assault occurred on March 6, 1961, at Lincoln Downs Race Course in Lincoln, Rhode Island. Webb was a race horse trainer. He operated what he termed a 'public stable', i.e., one in which he trained horses for more than one owner. He employed his own men to do the work and his foreman supervised it. He received $10.00 per day for training a horse plus 10 per cent of the horse's purses, if any. His services included feeding, caring and entering the horses in such races as he thought advisable. The owner paid for transportation, veterinary fees, jockey fees, blacksmith fees and his own license fee. Webb made all decisions concerning the services rendered. All equipment used was owned by him or leased to him.
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