Pearce v. Downey
Pearce v. Downey
Opinion of the Court
The plaintiff, while walking on the sidewalk of Adams street, in the city of Elizabeth, on the afternoon of October 16th, 1926, was struck down and injured by a car owned and driven by the defendant Downey immediately after it had collided with a car owned by the defendant Hurley. The plaintiff brought suit against both defendants, claiming that his injuries were the direct result of the joint negligence of the two. The jury exonerated Hurley, and awarded the plaintiff $25,000 as against Downey. The latter thereupon applied for and was allowed the present rule to show cause. The only ground upon which we are asked to make this rule absolute is that the verdict is excessive.
There is no doubt that the plaintiff was severely hurt. At the time of the accident he was a foreman cabinet-maker of the Central Railroad Company of New Jersey, receiving wages of $214 a month. He was not able to resume his work until sometime in July, 1927, and lost the wages which he would have earned during that period, amounting to some $1,750.
If the plaintiff will consent to a reduction of the amount of the award of the jury to $17,500, he may enter judgment for that amount. Otherwise, the rule to show cause will be made absolute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.