Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Marsero v. Public Service Interstate Transportation Co.

Decided: June 21, 1950.

DOROTHY MARSERO AND FRANK J. MARSERO, HER HUSBAND, AND FRANK J. MARSERO, IN HIS OWN RIGHT, PLAINTIFFS-RESPONDENTS,
v.
PUBLIC SERVICE INTERSTATE TRANSPORTATION COMPANY, ETC., DEFENDANT-APPELLANT. ANNA MALINAUSKAS AND JOSEPH MALINAUSKAS, HER HUSBAND, PLAINTIFFS-RESPONDENTS, V. PUBLIC SERVICE INTERSTATE TRANSPORTATION COMPANY, ETC., AND WILLIAM A. SLIMM, SR., DEFENDANTS-APPELLANTS, AND FRANK J. MARSERO, DEFENDANT



McGeehan, Colie and Eastwood. The opinion of the court was delivered by McGeehan, S.j.a.d.

Mcgeehan

Appeals were taken from two judgments entered in the Superior Court, Law Division, one a judgment against the Public Service Interstate Transportation Company and in favor of plaintiff Dorothy Marsero for $1,000 and in favor of plaintiff Frank J. Marsero for $750; the other a judgment against the Public Service Interstate Transportation Company and William A. Slimm, Sr., and in favor of plaintiff Anna Malinauskas for $6,000 and in favor of plaintiff Joseph Malinauskas for $1,500.

On September 24, 1948, a collision occurred between an automobile owned and driven by Frank Marsero, in which his wife Dorothy was a passenger, and a bus owned by Public Service Interstate Transportation Company (hereinafter referred to as Public Service) and driven by its employee William A. Slimm, Sr. The suit of Dorothy and Frank Marsero was against the Public Service alone. The suit of Anna and Joseph Malinauskas was against Public Service, William A. Slimm, Sr., and Frank Marsero, individually, jointly and in every combination of the three defendants. Public Service admitted ownership and operation of the bus. The cases were consolidated for the purpose of trial. A jury verdict rendered by ten or more of the jury agreeing would be as valid as though it had been rendered by the entire jury. L. 1948, c. 120.

The appellants argue that the trial court committed reversible error in accepting and recording the verdicts against the defendants Public Service and William A. Slimm, Sr.

Both cases went to the jury at 12 noon. At 3:10 P.M. the jury returned to the courtroom, at which time the forelady asked the following question: "We would like to know if we find both the Public Service and Mr. Marsero both negligent, can Mrs. Marsero collect any damages for her injury?" The court answered: "You may consider it, yes, and return a verdict in her behalf." The jury again retired at 3:17 P.M. and returned to the courtroom at 3:47 P.M., when the following occurred:

"The Clerk: Members of the jury, have you agreed on a verdict?

"The Forelady: We have. We, the jury, find Public Service Interstate Transportation Company and the driver Mr. Slimm guilty of negligence and award the sums of: Mr. Malinauskas, $1,500.00; Mrs. Malinauskas, $6,000.00; Mr. Marsero, $750.00; and Mrs. Marsero, $1,000.00.

"The Clerk: Members of the jury harken to your verdict, as the Court has ordered it recorded: You find for the plaintiff Joseph Malinauskas, $1,500.00 against the defendant Public Service Interstate Transportation and William A. Slimm, Sr.; for the plaintiff Anna Malinauskas, $6,000.00, against the defendant Public Service Interstate Transportation Company and William A. Slimm, Sr.; for the plaintiff Frank J. Marsero, $750.00 against the defendant Public Service Interstate Transportation Company and William A. Slimm, Sr.; and for the plaintiff Dorothy Marsero, $1,000.00 against the defendant Public Service Interstate Transportation Company and William A. Slimm, Sr.

"The Clerk: Is that a unanimous verdict?

"The Forelady: No.

"The Clerk: I will call the names of the jury and you will report the verdict ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.