Jorgensen v. Wilberg

• Decision Date: 18 January 1928
• Docket Number: No. 106.,106.
• Citation: 139 A. 904
• Parties: JORGENSEN v. WILBERG.
• Court: New Jersey Supreme Court

139 A. 904

JORGENSEN

v. WILBERG.

No. 106.

Supreme Court of New Jersey.

Jan. 18, 1928.

Action by Jeppe Jorgensen, administrator ad prosequendum of the estate of Roy Jorgensen, deceased, against Israel Wilberg. Verdict for plaintiff. On defendant's rule to show cause. Rule discharged.

Argued October term, 1927, before PARKER, MINTURN, and CAMPBELL, JJ.

John E. Toolan, of Perth Amboy, for plaintiff.

Kalisch & Kalisch, of Newark, for defendant.

PER CURIAM. The only reason urged for making this rule absolute is that the damages are claimed to be excessive. At the trial there seems to have been an issue of fact as to whether a young boy of 13, who was killed because of being run down by an automobile, had been struck by the defendant's car. That issue is not pressed now. Hence it may be considered as settled that the defendant's car, driven by the defendant, ran down the boy and inflicted injuries resulting in his death. The verdict was for $6,000. The evidence shows that the boy was 13 years old, in excellent health, and of good mental ability. He left a father and mother and 12 brothers and sisters, all living; the oldest being 24 years old and the youngest about 5 months old. We are unable to say that, in view of the reduced purchasing power of money, this verdict is excessive.

The rule to show cause will accordingly be discharged.