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BOWMAN v. CENTRAL R. CO. OF N.J.

27 N.J. Super. 370 (1953)

99 A.2d 423

MARION E. BOWMAN, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF MARGARET ELIZABETH BUONO, ALSO KNOWN AS MARGARET ELIZABETH MELLEN, DECEASED, PLAINTIFF-APPELLANT, v. THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, A CORPORATION, LUCILLE E. KUGLER, GENERAL ADMINISTRATRIX OF THE ESTATE OF ALBERT E. KUGLER, DECEASED, DEFENDANTS-RESPONDENTS, AND CHARLES KUGLER, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided September 18, 1953.

Attorney(s) appearing for the Case

Mr. Louis J. Greenberg argued the cause for appellant (Mr. Samuel M. Cole, attorney).

Mr. Anthony M. Hauck, Jr., argued the cause for respondent The Central Railroad Company, &c. (Mr. William F. Hanlon, attorney).

Mr. Harvey G. Stevenson argued the cause for respondents Kugler (Messrs. Stevenson, Willette & McDermitt, attorneys).

Before Judges EASTWOOD, JAYNE, and FRANCIS.

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

Good fortune cannot be depended upon to govern the operations of an automobile. Chance seldom favors the inattentive and incogitant driver, and the folly of drinking and driving is frequently costly.

This cause is somewhat unique in that there is no divergency whatever in the testimony relating to the circumstances accompanying and surrounding the occurrence of the mishap. On the afternoon of December...

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