Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-11-18
CASES DECIDED BY
COURT OF APPEALS
Judges Consider Many Essex
Decisions on Long List-De-
vine Case Reversed.


TRENTON, Nov. 1S.-Besides order
ing new trial for Salvatore Loponio,
of Newark, convicted of killing Po-
liceman McGovern, and confirming
the conviction of Antonio Fiore. of
the same city, for completely in the
murder of Leonardo Ciccone, the
Court of Errors and Appeals yester-
day handed down several decisions
in cases previously decided by the
Essex county courts.
The court affirmed the Judgment
in the suit of Hodley against the
Public Service Railway Company.
Hodley, who resides in Irvington,
sued for compensatory damages as
the result of a fall from an electric
car of the defendant company. The
car was running from Hackensack to
Newark, and the accident occurred
December %, 1907. The appeal brought
up for review judgment upon a
non-suit directed by the trial Judge
in Essex County.
In the suit of Terence Devine
against the Public Service Railway
Company the court reversed the judg-
ment and ordered new trial. De-
vine was standing on the northwest
corner of Clinton avenue and High
street, Newark, January 81, 1911, and
proceeded to cross Clinton avenue,
when he was struck by car.
The decisions handed down by the
court follow:
Black VS.. Central Railroad Company of
New Jersey. reversed. Justice Garrison;
Boehm VS.. Brion, affirmed, Justice Min
turn; Branagan VS.. Public Service Rail
way Company affirmed, per curtain;
George :. Rullivan, in re probate of will,
affirmed. Justice swayze; Bunce vs..
Pennsylvania Railroad Company. affirmed.
per curtain; City of Camden VS.. Moan
drews & Forbes Company, reversed, Jus
tice Parker; Coleman VS. Wilson,, re-
versed, Justice Garrison Devine VS. Pub
lie Service Railway Company, reversed,
Justice Trenchard; Dunn VS.. Ryan, af-
Mayor, etc, of Hoboken, reversed. Justice
Bergen; Pagan Iron Works VS.. Calumet
Construction Company. reversed. Justice
F Ts Wofsoe
firmd, Justice Kalisch; Fritz VS.. Pennsyl-
vania Fire Insurance Company, affirmed,
chancellor; Funk & Wagnalls Company
vs.. Stamm, affirmed, Justice Bergen;
reversed, Justice Bergen.
Heath VS.. Maddox, affirmed r,, per
Trenchard; Holder vs.. Public Service
Railway Company, affirmed, Justice Vre-
denburgh; Hudson Milling Company vs..
son County Board of Freeholders VS..
Jersey City, Hoboken and Paterson Street
Railway Company, affirmed, Justice Gum
eWGsh Mayer M ony IF 'er Affirmed ey p rs
curiam: Karpenski VS.. Borough of South
River. reversed. Justice Garrison; Kilgus
vs.; Wayne, Company, reversed, Justice
White: Kirk VS.. Dempsey. affirmed, Jus
tire Rarppn. I,anQDprQ Wilkinson.
Gaddis s Co., affirmed, per cnriam; elise
Lerche, in re win Of affirmed, per
curiam Judge Carey; Marine Trust Com
pany VS.. st. Jamess A. M: =. Church,
affirmed, Justice Parker; McGrath vs.
Norcross, affirmed, per cnriam;;, Meisel vs..
Merchants National Bank of Newark, at
firmed, Justice Trenchard; Napodensky
VS.. West Jersey and Seashore Railroad
VS.. Hannah. affirmed, per curtain; New
Jersey Car Spring and Rubber Company
VS.. Fields, affirmed, Justice Swayze;
o'Brien VS.. Crowley, reversed, per
curtain.
Pesin vs.. Jugovich affirmed, Justice
Trenchard; Ryan VS.. Morris, affirmed, JUS
| tice Voorhees,; Sargent VS.. Realty Traders,
reversed, Justice Gummere Shapiro VS..
| West Jersey and Seashore Railroad Com
pany. affirmed, Justice Minturn; Stag
way VS.. Riker writ dismissed), Justice
| Swayze; State VS.. Fiore, affirmed, Justice
| Bergen; State VS.. Loponio reversed, JUS
| tice White: State vs. Morgan. affirmed,
per curiam State VS.. Sicilliano, affirmed,
| per curiam State VS.. Unsworth, affirmed,
Justice Swayze; Stewart VS.. Kilmer, af-
Tme sd s sHsse ExSTess SfeHs re
versed, Justice Parker; City of Summit
VS. Morris County Traction Company, at
firmed, Justice Gummere; Underwood vs..
Herman Co; reversed s SnsioGe Mn
ment Lamp Company. affirmed, Justice
Bergen.