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Davis v. Automobile Association of New Jersey

Decided: April 19, 1940.

GEORGE DAVIS, PLAINTIFF-APPELLEE,
v.
AUTOMOBILE ASSOCIATION OF NEW JERSEY, A CORPORATION, DEFENDANT-APPELLANT



On appeal from the Second Judicial District Court of the county of Essex.

For the plaintiff-appellee, Benjamin Gershenson (Harry J. Weiner, of counsel).

For the defendant-appellant, Green & Green (David Green, of counsel).

Before Justices Trenchard, Case and Heher.

Trenchard

The opinion of the court was delivered by TRENCHARD, J.

This is an appeal by defendant below from a judgment of the District Court rendered by the judge, sitting without a jury, in favor of the plaintiff, and against the defendant, in the sum of $200.

The agreed state of the case discloses the following pertinent matters of fact:

On March 16th, 1939, George Davis, plaintiff-appellee (hereinafter referred to as "plaintiff") became a member of the Automobile Association of New Jersey, defendant-appellant (hereinafter referred to as "defendant"). Plaintiff paid his membership fee of $15 and a membership certificate was issued to him by defendant.

On about April 15th, 1939, while such certificate was in full force and effect, plaintiff was involved in an accident in the Township of Union, Union County, New Jersey, while operating his automobile, as a result of which Ernest Hare, an employe of plaintiff, received injuries resulting in his death.

On the same day complaint was made against plaintiff in the Police Court of such township by the Sergeant of Police, charging that plaintiff operated his motor vehicle on Carrow Road, a public highway, in a reckless manner, so as to cause the death of Ernest Hare, and prayed that the plaintiff be apprehended and held to answer such complaint, and be dealt with as law and justice may require. Plaintiff was arrested and released in the custody of his present attorney until the following day, when bail was set by the prosecutor of Union County at $1,000.

Plaintiff's attorney rendered certain services to plaintiff, more particularly set forth in bill of particulars. These services consisted of the following, among others:

Appearance at Police Court, obtaining statements of witnesses, appearance at Union County Prosecutor's office to have bail fixed, bond for which was supplied by defendant, trip to Union County jail to have plaintiff fingerprinted, trip to scene of accident to have photographs taken, further conferences with plaintiff and with the Prosecutor's office.

Plaintiff's attorney rendered a bill for such services and thereafter, upon refusal of defendant to pay ...


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