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KROLAK v. CHICAGO EXPRESS, INC.

10 N.J. Super. 60 (1950)

76 A.2d 266

JOSEPHINE V. KROLAK, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF MICHAEL KROLAK, DECEASED, PLAINTIFF-APPELLANT, v. CHICAGO EXPRESS, INC., A CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1950.

Attorney(s) appearing for the Case

Mr. John T. Keefe argued the cause for appellant (Mr. Joseph J. Takacs, attorney).

Mr. Charles A. Rooney argued the cause for respondent.

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

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

Plaintiff appeals from a judgment entered in Middlesex County Court for defendant Chicago Express, Inc., on its motion at the end of plaintiff's case. The substantial question is that of deviation by a servant from the scope of employment.

Defendant is a freight carrier by truck. One Lunney was its employee as the driver of a tractor-trailer unit...

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