VAN RIPER v. PHILIP CAREY MFG. CO.


6 N.J. Super. 21 (1949)

69 A.2d 755

EDWARD VAN RIPER, PLAINTIFF-RESPONDENT, v. PHILIP CAREY MANUFACTURING COMPANY, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1949.


Attorney(s) appearing for the Case

Mr. Gerald T. Foley argued the cause for plaintiff-respondent.

Mr. John F. Ryan argued the cause for defendant-appellant (Messrs. Ryan & Saros, attorneys).

Before Judges JACOBS, DONGES and BIGELOW.


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

This is an appeal from a judgment of the Superior Court, Law Division, entered upon a jury verdict in favor of plaintiff.

Plaintiff was employed as a truck driver by the Barwick Transportation Company, and on June 7, 1945, on behalf of his employer, he transported a load of asphalt to the defendant's premises for use by the defendant. The vehicle used for this delivery was what is commonly known as a...

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