Cassan v. Fern
Decision Date | 10 November 1954 |
Docket Number | No. L--44,L--44 |
Citation | 109 A.2d 482,33 N.J.Super. 96 |
Parties | Albert CASSAN, Madeline Cassan, Joan Cassan, an infant by her guardian ad litem, Madeline Cassan, and Jacqueline Cassan, an infant by her guardian ad litem, Madeline Cassan and Albert Cassan and Madeline Cassan, Individually, Plaintiffs, v. Burton A. FERN, Quentin Monahan, Albert E. Laing and Cook, Watkins & Patch, Inc., Defendants. . Law Division |
Court | New Jersey Superior Court |
Harold Krieger, Jersey City, for plaintiffs.
John W. Taylor, Newark, for defendants.
COOLAHAN, J.C.C. (temporarily assigned).
This is a civil action in which the plaintiffs assert claims against the named defendants for personal injury and property damage arising out of a collision which occurred on the New Jersey Turnpike on June 7, 1953. The defendant, Burton A. Fern, was a resident of this State at the time of the accident but shortly thereafter became a resident of the State of Connecticut. In July of 1954 summons and complaint were served upon Fern through the Director of the Division of Motor Vehicles. A motion to quash such service was argued before this court.
It is conceded by the plaintiffs that R.S. 39:7--2, N.J.S.A., the sole statutory provision for substituted service on non-resident motorists, did not authorize its invocation when non-residence did not exist concurrently with the happening of an accident. The Legislature, however, saw fit to correct this unequal situation by its passage of chapter 61 of the Laws of 1954, N.J.S.A. 39:7--2.1, 2.2, which is a supplement to R.S. 39:7--2, N.J.S.A., and provides as follows:
'Approved and effective June 24, 1954.'
It is the contention of the plaintiffs, who began their action Following the enactment of chapter 61, that the supplement should be construed retrospectively. Such a construction, however, is not consistent with recognized principles. The settled law of this State demands the prospective construction of a statute unless the language of the Legislature clearly indicates a retroactive intent. In the case of Citizens' Gaslight Co. v. Alden, 44 N.J.L. 648 (E. & A.1882) the court, at page 653, says:
R.S. 39:7--2, N.J.S.A., and its supplement, chapter 61, provide for the designation of the Director of the Division of Motor Vehicles as agent for acceptance of process. Prior to a 1936 amendment the right to sue a non-resident...
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