The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-11-16
COURT OF ERRORS AND APPEALS
HANDS DOWN MANY DECISIONS
Bench Is Reversed in
Goodman Suit Against Lee
high Valley Railroad.
Especial to the Newark star.l

Nov. lb.-Amons IHe
opinions rendered by the Court OF
Errors was one handed down by Chan
cellor Pitney in which he reversed the
decision of the Supreme Court setting
aside u judgment by James
A. Goodman, as executor of Edward v.
Goodman, against the Lehigh valley
Railroad Company. The suit was for
damages resulting from a fire started
by a locomotive which destroyed Il
dwelling house, barns n a large
amount of personal property. 1t was
shown that the plaintiff had recovered
damages for two other fires, but in the
ease under review the court held that
the evidence against the railroad was
insufficient to justify a verdict. me
Court of Errors held that the question
as to whether the fire was
Gated by an engine and whether the
company had taken all practical means
to prevent it was properly n for the
jury.
Judge Vroom filed an opinion affirm
ing the Judgment recovered by S. Judd
& Co. against Albert Kloeblen in the
Hudson Circuit Court. 1t seems that
the defendant had guaranteed an ac-
count for his son who failed In bust
ness owing Judd & Co. s25l, for which
Judgment was recovered.
Justice Garrison reversed an opinion
of the Supreme Court setting aside the
verdict in favor of Elizabeth G.. Bower,
~executrix. in the suit brought against
her by Elijah Dallett Bower, who sued
to receive a legacy of $1,000 left by her
father.
An opinion by Justice Parker re-
verses the Court of Chancery in the
suit instituted by Nathan Worth. of
Burlington, against Ernest Watts,
executor of Furman Dubell, in which
the court decreed specific performance
of a contract to sell real estate.
Justice Parker reversed the Supreme
Court and affirmed the Judgment re-
covered in the Camden Circuit Court by
Charles NJ. Alcott against the Public
Service Corporation, Alcott was in
jured by the defective condition OF q
crossing switch in Camden.
An opinion by Justice Voorhees, re-
verses the Supreme Court and sets
aside a judgment for 81, 06S, recovered
by YaIerian L.. Perrin and his partners.
of Plainfleld, against the United States
Express Company. A shipment of
SIONtS WIS lOSI ny TX CAPiSFo t1N'
pan and no value was placed upon
The package by the shippers. The ex-
press company claimed a limited liza
bility of $50 and the Court of Errors
held this should have been the amount
Of the verdict below.
Fol refusing a motion for a non-suit
in an action instituted by Edward
Knapp against Jerry Voorhis the i}er-
- 1s.--I. f4...-A ..- r..-.n Y 80 mn
was injured while ~shingling a roof, and
the court held that q master is only
required to use reasonable care in the
selection Of appliances necessary to
secure the safety of a servant. and the
master is held not to be be held for
resulting injuries.
The verdict in the Passaic Circuit
| Court in the case Of Elmer Conner
against Meyer Brothers, of Paterson.
was sustained. Conner was a driver
for the defendants and was hurt in a
runaway. He had reported to one OF
the owners that the wagon was in an
unsafe condition.
In an opinion by Justice Bergen the
decision of the Supreme Court in set
ting aside ali assessment made by COM
missioners is reversed. and the original
assessment made by the commissioner
Is affirmed
A decision was handed down setting
aside the non-suit ordered at the Mid
dlesex circuit, and a new trial granted
in the proceedings instituted by John
Ramsay against the Raritan Copper
Works. Ramsay's work was to break
with a crow-bar molten Stag that hao
been poured out from the refining
$780, ~ - - -. f.~4Al.