Achenberg v. Public Service Railway Co.
Achenberg v. Public Service Railway Co.
Opinion of the Court
This is an appeal from a judgment of the District Court of the city of Perth Amboy. The action was instituted by the plaintiff to recover from the defendant damages to the plaintiff’s truck caused by a collision with the defendant’s trolley car. The plaintiff claimed that the defendant’s car was being operated in a negligent manner. A judgment was rendered by a jury for $325.
The single question presented and argued on this appeal is the propriety of a ruling made by the trial court in permitting, over objection, a witness to testify as to the cost of the repair of the plaintiff’s truck. The truck was a three and one-half ton Selden truck. After the accident some slight repairs were made to it. It was used for three or four trips and then laid up and had not been repaired at the time of the trial. A witness, George Simon, testified that he was in the garage business and repaired automobiles; that he was familiar with the Selden truck; that he never had sold or bought any truck of this make and had not repaired one during the past year; that he thought he had repaired two
While the jury did not, as would appear by its verdict, accept the estimate of Mr. Simon, yet it may have been taken into account in reaching a verdict and so the defendant-appellant may have been harmed -by its admission. These views lead to a reversal of the judgment and the issue of a venire de novo.
Reference
- Full Case Name
- THEODORE ACHENBERG v. PUBLIC SERVICE RAILWAY COMPANY, A CORPORATION
- Status
- Published