RUBLEWSKY v. CALLAHAN


3 N.J. Super. 200 (1949)

65 A.2d 858

JOSEPH RUBLEWSKY, PLAINTIFF-APPELLANT, v. JOSEPH CALLAHAN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1949.


Attorney(s) appearing for the Case

Mr. John C. Stockel argued the cause for the plaintiff-appellant.

Mr. Guido J. Brigiani argued the cause for the defendant-respondent.

Before Judges McGEEHAN, DONGES and COLIE.


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

Plaintiff brought suit to recover damages to his automobile as a result of colliding with a horse owned by the defendant. The trial resulted in a judgment for defendant in the Middlesex County District Court.

The facts are that the plaintiff was driving his car along a forty foot wide highway at about 1 A.M. at thirty to thirty-five miles per hour when the defendant's horse suddenly came from the bushes...

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