Citation Numbers: 11 N.J. Misc. 567
Judges: Laweence
Filed Date: 7/5/1933
Status: Precedential
Modified Date: 7/25/2022
This was an accident case involving injuries to the plaintiff, who was riding as a passenger in the taxi of defendant TJzzolino, when it came into collision with the automobile of the defendant Prakapas. The jury returned a verdict in favor of plaintiff for $4,283. Under the rule taken out by Uzzolino, it was argued that the jury erred in failing to find the plaintiff guilty of contributory negligence, and that the damages awarded were excessive. It was urged that the evidence disclosed that plaintiff although aware of the excessive speed of the Uzzolino ear for a considerable distance away from the scene of the accident did nothing to warn the driver that he must reduce the speed, but allowed it to be maintained to the place where the collision occurred. The question of plaintiff’s contributory negligence was left by the court in the charge to the jury and it was evidently found that plaintiff was not properly to be so charged. In so finding, it is not perceived that it was' erroneous under the evidence. Just what plaintiff could have done in the circumstances is not made clear by counsel for defendant. Plaintiff was a passenger in Uzzolino’s car and had no authority or control over the driver, and it did not necessarily follow that the speed
It was also argued that the amount awarded plaintiff was excessive.
While the extent of the injuries received by plaintiff in the accident was sharply questioned at the trial, the jury could have found that they were of some severity and that his medical and hospital expenses were as claimed. It was not so clear, however, that his loss of earnings was as great as asserted. The proofs in this respect were inadequate and unsatisfactory and without substantial corroboration. He was a baker by trade and apparently carried on a delivery business, claimed by him to produce a sizable annual gross revenue, but there was evidence tending to indicate that it was not as successful as claimed, while that relating to his real profits was tenuous to an appreciable degree. If plaintiff, in the circumstances, consents to accept $3,683, the rule to show cause will be discharged, otherwise it will be made absolute as to damages only.