ROURKE v. HERSHOCK


3 N.J. 422 (1950)

70 A.2d 489

THOMAS J. ROURKE, PLAINTIFF-RESPONDENT, v. EDWARD J. HERSHOCK, DEFENDANT, AND PUBLIC SERVICE COORDINATED TRANSPORT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 9, 1950.


Attorney(s) appearing for the Case

Mr. Francis M. Seaman argued the cause for respondent.

Mr. Carl T. Freggens argued the cause for appellant (Mr. Richard Fryling, attorney).


The opinion of the court was delivered by CASE, J.

The dispute centers upon the degree of care which the Public Service Coordinated Transport, a common carrier, herein called the defendant, was obliged to exercise toward the plaintiff under the peculiar facts of the case.

On a dark night, January 21, 1947, plaintiff, knowing his destination only by name and unacquainted with the territory covered by the route, entered the defendant's bus at Elizabeth, paid...

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