Jacobs v. Public Service Co-ordinated Transport
Jacobs v. Public Service Co-ordinated Transport
Opinion of the Court
This case was tried at the Monmouth Circuit and resulted in a verdict in favor of Mrs. Jacobs for If,000, and a verdict in favor of her husband for $1,000, against the defendant Public Service Co-ordinated Transport, and a verdict of no cause of action as to the co-defendant.
The defendant Public Service Co-ordinated Transport was granted a rule to show cause why the verdicts should not be set aside.
It is said that the verdicts are excessive as to amounts, and are contrary to the wnight of the evidence. We think not.
Mrs. Jacobs, while a passenger in a bus of the defendant in Newark, was thrown about on the seat when a collision occurred between the bus and another automobile owned by the other defendant, and her back and side were injured. She was not rendered unconscious, but alighted from the bus and went to her brother’s home in Newark, and then by train to her own home in Freehold. There she went that evening to the office of Dr. Carey, returned home and went to bed where she remained for three weeks and was there treated by Dr. Carey, and thereafter for two months at his office. He found a bruised condition of the left hip which remained for about five weeks. Her mother testified that she saw two bruised spots about the size of an egg on plaintiff’s back. Her husband testified that she had bruised spots on the side of her back and she complained of her back and sides. She was nervous and had crying spells.
The accident occurred about noon on January 5th, 1928. The trial was two years and five months afterward. Dr. Carey at first had diagnosed her condition as a sprained back.
If this testimony is to be believed, together with other testimony as to the consequential damages of the husband (which need not be recited here), it seems clear that neither of the verdicts can be said to be excessive.
The defendant says that the testimony is not to be believed in its entirety; or, stated in another way, that the testimony of the wife and her family, and of her doctor, which seems to clearly justify these verdicts, is against the weight of the evidence, when considered in the light of the defendant’s evidence. We cannot say that it is.
The defendant also complains that the court refused to charge this request: “There can be no recovery for any in'jury to the legs or feet, because there is no allegation in the complaint that the plaintiff received any such injuries.” The complaint charged that by reason of the accident she
It was next said that the court erred in refusing to charge: “There can be no recovery for any effects which now exist which is the result of child birth.” We think that this request was charged in effect in language which seems to be sufficient and which we think did not mislead the jury.
We think that the foregoing observations apply to the refusal of other very similar requests to charge.
The rule to show cause will be discharged, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.