Friend v. Cutrale

• Decision Date: 21 March 1949
• Docket Number: No. A-139.,A-139.
• Citation: 64 A.2d 612
• Parties: Marie AREZZI, an Infant by her next friend, et al., Plaintiffs-Respondents, v. Anthony CUTRALE, Jr., et al., Defendants-Appellants.
• Court: New Jersey Supreme Court

64 A.2d 612

Marie AREZZI, an Infant by her next friend, et al., Plaintiffs-Respondents,

v.Anthony CUTRALE, Jr., et al., Defendants-Appellants.

No. A-139.

Supreme Court of New Jersey.

March 21, 1949.

Appeal from former Supreme Court.

Harvey G. Stevenson, of East Orange, for appellant.

Lieb & Kohn, of Newark, for appellee.

Where owner loaned automobile to brother for brother's own purposes and brother drove over bump at high speed causing door to open and precipitate guest to ground with resultant injury, but door was in excellent condition and there was no evidence of defect in lock, owner was not liable for injuries sustained by guest.

In action by guest against driver of automobile for personal injuries sustained when door opened and guest fell to the ground, where there was evidence that driver failed to reduce speed after bump at railroad crossing despite guest's fright, whether driver proceeded at excessive speed notwithstanding knowledge that next bump was worse than first was for the jury.

PER CURIAM.

The judgment under review will be affirmed for the reasons expressed in the opinion of Mr. Justice Donges in the former Supreme Court, 137 N.J.L. 573, 61 A.2d 69.

For affirmance: Chief Justice VANDERBILT, Justices CASE, HEHER, WACHENFELD, BURLING and ACKERSON-6.

Opposed: None.