Hammond v. Morrison

• Court: New Jersey Supreme Court
• Writing for the Court: GUMMERE, CHIEF JUSTICE.
• Citation: Hammond v. Morrison, 90 N.J.L. 15, 100 A. 154 (N.J. 1917)
• Decision Date: 05 March 1917
• Parties: MYRA HAMMOND, ADMINISTRATRIX, PLAINTIFF, v. JAMES L. MORRISON, DEFENDANT

100 A. 154

90 N.J.Law. 15

HAMMOND

v. MORRISON.

Supreme Court of New Jersey.

March 5, 1917.

Action by Myra Hammond, administratrix of the estate of Edwin J. Hammond, against James L. Morrison. There was a verdict for defendant. On plaintiff's rule to show cause why judgment should not be rendered for her. Rule made absolute.

Argued November term, 1916, before GUMMERE, C. J., and TRENCHARD and BLACK, JJ.

Leonard J. Tynan, of Newark, for the rule. William I. Lewis, of Paterson, opposed.

GUMMERE, C. J. This action was brought to recover damages growing out of the death of Edwin J. Hammond, resulting from injuries received by being struck by the defendant's automobile. The accident occurred near midnight of February 19, 1915, at the crossing of Broadway in the city of Paterson with the tracks of the New York, Susquehanna & Western Railroad Company. The decedent was a conductor in the employ of the public service corporation, and at the time of the accident had gone to the rear of his car for the purpose of adjusting the trolley, which had jumped the wire at or about the railway crossing; and while engaged in this work was run into by the defendant's automobile, and crushed between it and the rear of the trolley car. The verdict of the jury on the trial of the cause resulted in the exoneration of the defendant.

This verdict cannot be justified. The only issue in the case was whether or not decedent's death was the result of the negligence of the defendant; the question of contributory negligence not having been presented by the pleadings....