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Arezzi v. Cutrale

Decided: September 8, 1948.

MARIE AREZZI, AN INFANT, ETC., ET AL., PLAINTIFFS-APPELLANTS,
v.
ANTHONY CUTRALE, JR., ET AL., DEFENDANTS-RESPONDENTS



On appeal from a judgment of the Essex County Court of Common Pleas.

For the plaintiffs-appellants, Lieb & Kohn.

For the defendants-respondents, Harvey G. Stevenson.

Before Justices Donges, Colie and Eastwood.

Donges

The opinion of the court was delivered by

DONGES, J. Plaintiff appeals from a judgment entered in the Essex County Court of Common Pleas on a verdict directed by the court in favor of the defendants.

The facts are that plaintiff Marie Arezzi, on April 25th, 1946, was invited by defendant Carmen Cutrale to take a ride with him, his sister and another girl friend. Defendant Anthony Cutrale, Jr., was the owner of the car and loaned it to his brother for his own purposes, namely, to go on a pleasure ride. The testimony clearly shows that defendant Anthony Cutrale, Jr., did not extend the invitation and that he had no part in the pleasure trip. As stated, the guests were invited by Carmen Cutrale.

It appears that, when they entered the car, Carmen Cutrale opened the front door on the right side of the car and plaintiff entered and sat on the front seat next to the driver. They stopped and had some ice cream and Carmen opened the door for plaintiff and closed it after her entry to the front seat, and opened and closed it for the two girls in the rear seat. Plaintiff testified that they proceeded on roads not familiar to her, and when they came to a railroad crossing the car jumped and shook quite a bit, and then to a bump in the road. She testified:

"Q. After you crossed this railroad track, the car having jumped and shaken quite a bit, did you come to anything else in the road? A. Yes. We came to a sort of bump in the road and it frightened me quite a bit.

"Q. What frightened you? A. The bump in the road.

"Q. Did your car go over the bump? A. Oh, yes. The car bumped.

"Q. What happened as the car went over the bump? ...


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