Stack v. Geltzeiler
Stack v. Geltzeiler
Opinion of the Court
This is the plaintiffs’ rule to show cause why a verdict for six cents in favor of the plaintiff Sadie Stack and against the defendant David Geltzeiler, and for $117 in favor of the plaintiff Louis Stack and against the defendant David Geltzeiler, and a verdict in favor of the defendant Alexander Lebowitz and against the plaintiffs, should not be set aside and a new trial granted.
The defendant Geltzeiler invited the plaintiff Sadie Stack, with others, to ride with him in his automobile from Newark to Lakewood, New Jersey. This invitation Mrs. Stack accepted, and at Linden, on the way to Lakewood, the car of Geltzeiler, and the car of the other defendant Lebowitz, met in accident, the result of which was to injure Mrs. Stack.
.Also, the verdict in favor of the husband for $117 appears to he inadequate, in view of the great weight of the testimony, in that it failed to compensate him at all for loss of service and companionship of his wife, his,recovery being-limited to actual expenditures.
In view of the fact that this verdict, notably the limited recovery of the wife, can be accounted for only upon the theory of mistake or prejudice, we feel constrained to set aside the verdict in its entirety and to grant a new trial to both plaintiffs and against both defendants, since there was abundant evidence from which an impartial jury might find hath defendants liable.
The rule to show cause will be made absolute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.