Hummers v. Pub. Serv. Electric & Gas Co.
Decision Date | 20 August 1930 |
Docket Number | No. 34.,34. |
Citation | 151 A. 383 |
Parties | HUMMERS et al. v. PUBLIC SERVICE ELECTRIC & GAS CO. et al. |
Court | New Jersey Supreme Court |
Appeal from Circuit Court, Bergen County.
Action by Violet May Hummers and others against the Public Service Electric & Gas Company and others. Judgment for plaintiff, and the named defendant appeals.
Reversed.
Argued January term, 1930, before GUMMERE, C. J., and CAMPBELL, J Henry H. Fryling, of Newark, for appellant.
George F. Losche, of New York City, for respondents.
This is an appeal by the public service corporation from a judgment entered against it and in favor of the plaintiffs. The suit was brought to recover compensation for personal injuries received by Violet May Hummers, an infant, who while riding on a scooter bicycle was struck and severely injured by an automobile truck owned by the corporation and driven by its employee, the defendant Ankelein, and also for the expenses and losses incurred by her father as the result of the injuries to his child. The case of the plaintiffs was based upon the contention that the accident occurred through the negligent driving of Ankelein, and that the public service corporation, as his master, was responsible for his negligence. The jury returned a verdict in favor of the infant plaintiff for $10,000, and in favor of her father for $3,000, against the defendant Public Service Electric & Gas Company, and in favor of the defendant Ankelein, finding no cause of action as against him. The court charged the jury as the law of the case that the public service corporation was made a defendant because it was the owner of the truck, and that the contention of the plaintiffs was that by reason of the relationship of master and servant the public service corporation should respond in damages for the wrongful acts of the driver. The court then proceeded as follows:
The verdict...
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Templeton v. Scudder
...(Dist.Ct.1942). Compare, Carter v. Public Service Gas Co., 100 N.J.L. 374, 126 A. 456 (E. & A.1924); Hummers v. Public Service Electric & Gas Co., 151 A. 383, 8 N.J.Misc. 689 (Sup.Ct.1930), affirmed 108 N.J.L. 196, 156 A. 423 (E. & Examining the pertinent adjudications in our sister states ......
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