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SIBLEY v. CITY SERVICE TRANSIT COMPANY

1 N.J. Super. 199 (1949)

63 A.2d 708

ELIZABETH SIBLEY, DORA DAVIS, DOROTHY SIMMONS AND CALLIE RANDALL, PLAINTIFFS-RESPONDENTS, v. CITY SERVICE TRANSIT COMPANY, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 1949.

Attorney(s) appearing for the Case

Mr. John A. Laird argued the cause for the plaintiffs-respondents (Samuel H. Berln, attorney).

Mr. Verling C. Enteman argued the cause for the defendant-appellant (Messrs. McCarter, English & Studer and Norman L. Gill, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

The plaintiffs were employees of the United States Government at the Picatinny Arsenal near Dover, working from 4 P.M. to midnight. They all resided in Newark and commuted to and from work by bus. The night of February 27, 1943, the plaintiffs, with other Arsenal employees, started for Newark in a bus operated by the defendant company. When they had gone only a few miles and were still 20 or 25 miles from Newark...

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