Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-06-23
NEWARK CASES
ARE DECIDED BY
APPEALS COURT
Two Suits Can Be Brought for
One Acknowledgements
Asylum Wins.
Especial to the Newark star.l

RF0h
TRENTON. June 23.-Following the
rule laid down in England, New York,
Texas and Connecticut, the Court of
Errors and Appeals today, in affirming
the judgment of $3.50 recovered in the
First District Court of Newark by
Gustave Ochs against the Public Serv-
Ice Railway, the court has laid down
a new rule for this State, and holds
that in cases where damages have been
sustained to both person and property
two actions may lie against the person
causing the damage.
The new rule is the outcome of a
suit by Ochs against the Public Serv-
Ice to recover for personal damages
after the company had settled for the
damages sustained resulting in a car
running into Ochs's horse and wagon.
After the settlement for the damages
to the horse and wagon Ochs brought
suit for e recovery of personal in
ourles. The company appealed on the
ground that two actions could not be
brought tor the same act.
The court, in adopting for this State
the new rule. says:
w are of the opinion that injuries
caused to property and person by the
same negligent act. distinct cause is
not a bar to an action to recover In
the other. The Judgment of the Su-
preme Court is reversed and the judg-
ment of the District Court affirmed"
Malicious Prosecution.
The Court of Errors and Appeals to-
DAY in sustaining the verdict recovered
in the Elizabeth District Court, by
Jacob Weisner against Christian Han
son, for malicious prosecution, the
court laid down the rule that when
q party makes a criminal charge
against another without having reason
able ground for believing it to be true
the presumption is that in doing so he
is actuated by a malicious motive"
Weisner was arrested upon a charge
made by Hanson that while in possess
sion of Hanson's house, as tenant, he
had wilfully sud maliciously defaced
The walls, destroyed certain gas fix
lures ahd removed Il kitchen mantle
from it's place against the wall.
Weisner was held for the grand jury,
which dismissed the complaint. The
chief justice in his opinion affirming
the judgment, said the evidence made
il plain that when Hanson made the
charge he did SO without probable
cause and with a malicious motive. 1t
further. appeared that when Weisner
surrendered the premises they were in
the same condition as when he moved
into them.
= Train Run Backward, Railroad Loses.
Because the evidence showed that the
train was Inning behind time, and
was being driven backward, Is the main
reason, given by the Court of Errors
and Appeals today in an opinion set
ting aside a non-suit granted to the
Delaware, Lackawanna and Western
railroad in the sui brought against 1t
by Jacob $. Wise to recover damages
for injuries sustained in being run into
by a train of the company at Straders
Crossing, when Wise's horse was killed
and his wagon completely demolished.
Orphan Asylum Wins.
The Court of Errors and Appeals has
affirmed the Supreme Cour in holding
that certain lands belonging to the
Newark Orphans Asylum, located at
Mountainside, are exempt from taxa
ton. The Mountainslde authorities
contended that inasmuch as the lands
were outside of the limits Of the city OF
Newark they were subject to taxation,
and further that the associations char
ter hoes rot permit them to own prop
erty outside of the city of Newark
Chancellor Pitney in writing the op1n-
ion of the court among other things
said:
IF the tax exemption were claimed
by virtue of anything contained in the
charter this argument would require
consideration But the exemption that
has peer allowed to the association
with respect to it's property in the Dor
ouch of Mountainside arises out of the
act of 1903. anr depends and is based
upon the user of the property alone,
and is not controlled by the question
whether the association Is devoting to
charitable purposes more property or
property located otherwise h is per
mitted by its charter.
'If the association Is usurping fran
chises not conferred upon it by the
Legislature relief Y be had by a quo
warranto at the instance Of the attor-
n~ey-general. But any inquiry of that
sort is aside from the present question