Doherty v. Boyajian

• Decision Date: 06 February 1931
• Docket Number: No. 64.,64.
• Citation: 153 A. 375
• Parties: DOHERTY et al. v. BOYAJIAN et al.
• Court: New Jersey Supreme Court

153 A. 375

DOHERTY et al.

v. BOYAJIAN et al.

No. 64.

Supreme Court of New Jersey.

Feb. 6, 1931.

Action by Harry J. Doherty and another against Michael Boyajian and another. Verdict for Harry J. Doherty. On rule to show cause why verdict should not be set aside.

Rule made absolute.

Argued May term, 1930, before GUMMERE, C. J., and TRENCHARD and LLOYD, JJ.

Howard L. Miller, of Camden, for the rule.

William I. Garrison, of Atlantic City, opposed.

PER CURIAM.

In July, 1926, the plaintiff Harry J. Doherty was driving his car on Penn street, in the city of Camden. His daughter, Agnes, the other plaintiff, was riding with him. As he was crossing Eighth street, which intersected Penn street, a car owned by the defendant Michael Boyajian, and driven by the defendant Walter Tashyian, collided with the car which lie was driving. Both plaintiffs were injured in the collision, and this suit was brought by them jointly to recover compensation for their respective injuries; the daughter being a minor and the father acting as her next friend in the suit. At the close of the trial the jury rendered a verdict in favor of the plaintiff Harry J. Doherty and a verdict of no cause of action against the plaintiff Agnes Doherty.

The only question requiring discussion is whether these two verdicts are so inconsistent as to require them to be set aside. As has already been stated, the proofs show that the girl, Agnes, was injured in the collision, and this fact is conceded by counsel of the respective parties. This being so, if the father was entitled to a verdict, certainly the daughter was also. Consequently, the two verdicts are entirely...