MESSIER v. CITY OF CLIFTON


24 N.J. Super. 133 (1952)

93 A.2d 600

LAURETTA J. MESSIER, PLAINTIFF-APPELLANT, v. CITY OF CLIFTON, COUNTY OF PASSAIC, AND PUBLIC SERVICE ELECTRIC & GAS COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 1952.


Attorney(s) appearing for the Case

Mr. Hyman W. Rosenthal argued the cause for the plaintiff-appellant (Messrs. Marcus & Levy, attorneys; Mr. Harry Chashin, of counsel).

Mr. Harvey G. Stevenson argued the cause for the defendant-respondent City of Clifton (Messrs. Stevenson, Willette & McDermitt, attorneys).

Mr. George J. Gockeler argued the cause for the defendant-respondent County of Passaic (Messrs. Lahey & Gockeler, attorneys).

Mr. Richard Fryling argued the cause for the defendant-respondent Public Service Electric & Gas Company (Mr. Luke A. Kiernan, Jr., attorney).

Before Judges FREUND, STANTON and CONLON.


The opinion of the court was delivered by FREUND, J.S.C. (temporarily assigned).

At about 2 A.M. on October 29, 1950, in fog and rain, the plaintiff Lauretta J. Messier was riding in an automobile owned and being operated by her husband, Alexander Messier, in a northerly direction along Randolph Avenue near Hamilton Avenue, in the City of Clifton, County of Passaic. The car was driven onto a parkway or safety isle in the center of the highway and collided with an...

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