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King v. Steglitz

Decided: April 28, 1933.

MARY A. KING AND WILLIAM F. KING, PLAINTIFFS-RESPONDENTS,
v.
SAMUEL STEGLITZ AND JOHN MORRISON, DEFENDANTS-APPELLANTS



On appeal from the Supreme Court, Hudson Circuit.

For the appellants, David E. Feldman.

For the respondents, Edward A. Markley.

Campbell

The opinion of the court was delivered by

CAMPBELL, CHANCELLOR. This is an appeal from a judgment of the Supreme Court, Hudson Circuit, and it appears to us to be without substantial legal merit.

The plaintiff, Mary A. King, was a passenger in a taxicab known as the Twentieth Century Cab, owned and controlled by the defendant-appellant Samuel Steglitz and operated by the defendant John Morrison.

This cab was proceeding northerly on Roseville avenue, Newark, and as it was crossing the intersection of that avenue with Seventh avenue a collision took place between it and another taxicab known as a Yellow Cab which was proceeding easterly along Seventh avenue.

The impact caused the cab in which Mrs. King was the passenger to overturn and she was injured.

This occurrence took place May 27th, 1931.

Mrs. King and her husband received from the Yellow Cab, Incorporated, $3,500, and on January 28th, 1932, executed to that company a covenant not to sue and subsequently brought an action against these appellants resulting in a verdict in favor of Mrs. King for $4,000 and her husband for $3,500, which latter was reduced to $2,500. From the judgments entered for these amounts the defendants below appeal.

The first ground urged is that there was error in refusing to nonsuit and direct a verdict in favor of the appellants, because no negligence was established against them and that

the sole cause of the happening was the negligence of the driver ...


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