Swiencicki v. Wieczerzak

• Court: New Jersey Supreme Court
• Writing for the Court: Per Curiam.
• Citation: Swiencicki v. Wieczerzak, 6 N.J.Misc. 145, 140 A. 248 (N.J. 1928)
• Docket Number: No. 27.,27.
• Decision Date: 31 January 1928
• Parties: FRANK SWIENCICKI ET UX., PLAINTIFFS, v. FRANK WIECZERZAK, DEFENDANT

140 A. 248

SWIENCICKI et ux.

v. WIECZERZAK.

No. 27.

Supreme Court of New Jersey.

Feb. 2, 1928.

Action by Frank Swiencicki and wife against Frank Wieczerzak. Judgment for plaintiff wife only, and defendant obtained a rule to show cause why a new trial should not be granted. Rule made absolute.

Argued October term, 1927, before GUMMERE, C. J., and BLACK and LLOYD, JJ.

Weinberger & Weinberger, of Passaic, for plaintiffs.

Feder & Rinzler, of Passaic, for defendant.

PER CURIAM. The declaration in this case consists of two counts. In the first count, it is alleged, that on the 18th day of October, 1925, the defendant in the premises at No. 240 Wallington avenue, Wellington, N. J., did commit an outrageous assault and battery upon the plaintiff Mary Swiencicki, wife of the plaintiff Frank Swiencicki. In the second count, it is alleged that, the husband plaintiff, Frank Swiencicki, lost and is deprived and will be deprived of the comfort, association, and assistance of his wife; that he has expended sums of money for medicinals, medical aid, treatment, and attention to his wife; that he has expended divers sums of money in order to hire and engage help to assist in household duties.

The trial resulted in two verdicts, one of no cause of action in favor...