From Casetext: Smarter Legal Research

Henry v. Ehrlich Transfer, c., Inc.

Court of Errors and Appeals
Jan 13, 1939
3 A.2d 453 (N.J. 1939)

Opinion

Submitted October 28, 1938 —

Decided January 13, 1939.

Held, following the decision of the Court of Errors and Appeals, in Henry v. Ehrlich Transfer, c., 119 N.J.L. 493, that the trial court properly modified its charge to hold that a violation of the Traffic act did not necessarily constitute contributory negligence.

On appeal from the Supreme Court, Essex County.

For the defendants-appellants, Frank G. Turner.

For the plaintiff-respondent, Coult, Satz Tomlinson ( Joseph Coult, Jr.).


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 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.


Summaries of

Henry v. Ehrlich Transfer, c., Inc.

Court of Errors and Appeals
Jan 13, 1939
3 A.2d 453 (N.J. 1939)
Case details for

Henry v. Ehrlich Transfer, c., Inc.

Case Details

Full title:ELIZABETH HENRY, ADMINISTRATRIX AD PROSEQUENDUM OF WILLIAM W. HENRY…

Court:Court of Errors and Appeals

Date published: Jan 13, 1939

Citations

3 A.2d 453 (N.J. 1939)
3 A.2d 453

Citing Cases

Moich v. Passaic Terminal Transportation Co.

Neither Mrs. Hartel nor Mrs. Moich could recall on what side of the street the Hartel car had been parked.…