Cascone v. Hendrickson

• Court: New Jersey Supreme Court
• Writing for the Court: Per Curiam.
• Citation: Cascone v. Hendrickson, 149 A. 337, 8 N.J.Misc. 229 (N.J. 1930)
• Decision Date: 10 March 1930
• Docket Number: No. 47.,47.
• Parties: FRANK CASCONE, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF CARMELO CASCONE, PLAINTIFF, v. KAI HENDRICKSON, DEFENDANT

149 A. 337

CASCONE

v. HENDRICKSON.

No. 47.

Supreme Court of New Jersey.

March 10, 1930.

Action by Frank Cascone, administrator ad prosequendum of the estate of Carmelo Cascone, deceased, against Kai Hendrickson. "Verdict for defendant. On plaintiff's rule to show cause why verdict should not be set aside and a new trial granted.

Rule discharged.

Argued October term, 1929, before GUMMERE, C. J., and KALISCH and CAMPBELL, JJ.

Samuel L. Hirschberg, of West New York, for the rule.

Meany & Lifland, of Jersey City (Thomas F. Meany, of Jersey City, of counsel), opposed.

PER CURIAM.

There was a verdict in the Hudson county circuit in favor of the defendant and against the plaintiff. A rule to show cause was applied for and obtained by plaintiff's counsel, why the verdict should not be set aside and a new trial granted. The action was brought under the Death Act. 2 Comp. St. 1910, pp. 1907-1911, §§ 7-9.

The facts as developed by the testimony are as follows: The plaintiff's intestate, while crossing Hudson boulevard, at the intersection of Seventeenth street, in the township of North Bergen, was struck by the automobile of the defendant, who was driving it in a southerly direction. The injuries caused to the plaintiff's decedent, by the collision, resulted in the latter's death.

The testimony adduced on behalf of the plaintiff tended to show that his decedent was crossing the street on the cross walk, and, while so doing, the defendant's automobile, which plaintiff's witnesses estimated was traveling at a high rate of speed, and without giving any warning of its approach, ran into the decedent.

On the defendant's case two witnesses, who were riding in the automobile with him, testified the plaintiff's decedent suddenly darted from the sidewalk, where he was standing with a number of other people, and ran across the road, apparently, for the purpose of taking a bus that stopped on the other side of the...