Brouzell v. Reeves
Brouzell v. Reeves
Opinion of the Court
The suit is by husband and wife, and arises out of a collision of automobiles at a cross road. There were three counts in the complaint, the first being by the husband, Moe Brouzell, claiming $1,000 for injuries to his automobile; the second being by the wife, for personal injuries, and resulting in a verdict in her favor which is not brought up on this rule; and the third being by the husband, as husband, for loss of the services of his wife. The jury brought in a verdict generally in his favor for $1,600 against John Reeves as master and William as servant.
This rule attacks only the verdict as respects the husband; and even as to him there seems to be no serious denial of defendants’ negligence. As we read the brief, the discussion seems to be confined to the matter of contributory negligence, and it will be so considered. The points are, first, that the verdict in favor of Moe was against the weight of evidence; second, an alleged error in the charge on the subject of a stop street and knowledge of the fact by the plaintiff; and thirdly, the admission in evidence of testimony tending to show that immediately after the accident the son of the defendant John R. Reeves said to his father in the presence of several witnesses, “Eather, you know I told you to stop * * and the, father cut him off short with “Sh.” The court also commented on this evidence and this is attacked in the fourth reason.
The accident occurred in the borough of Interlaken in the county of Monmouth. Defendant was driving westerly on an east and west street called Edgemont drive, which appears to run very close to the inlet to Shark river on the north side thereof, and which crosses a main north and south highway called Norwood avenue. The question is one largely of veracity as between the plaintiff and the defendant. The jury appeared to have believed the plaintiff and disbelieved
The second point attacks a short passage of the charge which reads as follows: “I incline to the view, however, as a matter of law that it makes no difference whether the plaintiff knew that the street in question was a stop street, so far as the consideration of the main case is concerned.” This is taken out of a long sentence, and the charge on the subject of the stop street covers more than two pages of the printed
The third and last point relates to letting in the testimony ■of what the little son said to his father after the accident ,-and what the father said to him. Counsel discuss rather fully the question of admission by silence; and with the general law on that subject as propounded in the briefs, we have no ■quarrel. But we think this case is not within the rule. When the father silenced the boy by saying “Sh,” the jury were ■clearly entitled to infer that this ejaculation meant substantially, “yes, I know you did, but don’t say anything about that here because it would tend to make me liable in dam•ages,” and this in effect is what the judge said to the jury, which is also challenged. Here again counsel takes one sentence out of a lengthy passage on the subject and undertakes to utilize that as a basis of a new trial. We perceive no error either in the admission of the testimony or in the judge’s •comment thereon.
The rule will be discharged.
Reference
- Full Case Name
- MOE E. BROUZELL, IMPLEADED, ETC. v. WILLIAM H. T. REEVES AND JOHN REEVES
- Status
- Published