Henry v. Ehrlich Transfer & Trucking Co.

Supreme Court of New Jersey
Henry v. Ehrlich Transfer & Trucking Co., 3 A.2d 453 (N.J. 1939)
121 N.J.L. 541; 1939 N.J. LEXIS 263
PER CURIAM.

Henry v. Ehrlich Transfer & Trucking Co.

Opinion of the Court

Per Curiam.

The facts in this case, so far as pertinent, are stated in the opinion of this court, Henry v. Ehrlich Transfer, &c., 119 N. J. L. 493. It was there held that a violation of the Traffic act did not necessarily constitute contributory negligence. . See, also, Rizzolo v. Public Service Co-ordinated Transport, 111 Id. 107. The learned trial judge, carefully observing our opinions, modified the defendants’ first request to charge so as to conform with the law of the case as fixed by us. There was no error in this.

In so far as other requests to charge were modified, the modifications were proper. The requests not charged, where *542 proper, were sufficiently covered in the charge as given. The law was made perfectly clear to the jury and the issues were so framed that they had a firm foundation for their deliberation. We have carefully considered all of the arguments of counsel and conclude that they are without merit.

The judgment will be affirmed.

For affirmance — The Chancellor, Trenchard, Parker, Case, Bodine, Donges, Heher, Perskie, Hetfield, Dear, Wells, WolfsKeil, Rafferty, Walker, JJ. 14.

For reversal — -The Chief Justice. 1.

Reference

Full Case Name
Elizabeth Henry, Administratrix Ad Prosequendum of William W. Henry, Deceased, Plaintiff-Respondent, v. Ehrlich Transfer & Trucking Co., Inc., a Corporation, and Frank M. Venti, Defendants-Appellants; Elizabeth Henry, Administratrix Ad Prosequendum of William W. Henry, Deceased, Plaintiff-Respondent, v. Ehrlich Transfer & Trucking Co., Inc., a Corporation of the State of New York, Defendant-Appellant
Cited By
1 case
Status
Published