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Zullo v. Central Railroad Co. of N.J

Superior Court of New Jersey, Appellate Division
Jul 27, 1950
9 N.J. Super. 49 (App. Div. 1950)

Opinion

Argued July 24, 1950 —

Decided July 27, 1950.

Appeal from Law Division of the Superior Court

Before Judges McGEEHAN, COLIE and EASTWOOD.

Mr. Huyler E. Romond argued the cause for appellant ( Mr. John E. Toolan, attorney).

No argument on behalf of respondent.


The defendant appeals from a judgment of one thousand dollars in favor of the plaintiff and against the defendant, which was entered in the Law Division of the Superior Court upon a jury verdict.

The contention is that the court below erred in its charge when it instructed the jury that it could include punitive damages in its verdict. The suit arose out of an assault and battery committed upon plaintiff by a gateman employed by the defendant. There was no evidence that the employer participated in the wrongful act of the servant, either expressly or impliedly, by conduct authorizing or approving it, either before or after it was committed. Therefore, the defendant could not be held in punitive damages. Wendelken v. N.Y., S. W.R.R. Co., 88 N.J.L. 270 ( E. A. 1913).

The judgment is reversed and a new trial granted.


Summaries of

Zullo v. Central Railroad Co. of N.J

Superior Court of New Jersey, Appellate Division
Jul 27, 1950
9 N.J. Super. 49 (App. Div. 1950)
Case details for

Zullo v. Central Railroad Co. of N.J

Case Details

Full title:EDWARD A. ZULLO, PLAINTIFF-RESPONDENT, v. CENTRAL RAILROAD CO. OF NEW…

Court:Superior Court of New Jersey, Appellate Division

Date published: Jul 27, 1950

Citations

9 N.J. Super. 49 (App. Div. 1950)
74 A.2d 626

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