BRICE v. AUSTIN


31 N.J. Super. 10 (1954)

105 A.2d 680

PINKIE BRICE AND RAYMOND BRICE, PLAINTIFFS-APPELLANTS, v. FRANK M. AUSTIN, HERMAN MILDENBERGER, FRANK OHSWALDT, HARRIET J. UDELSMAN WOLPIN, BERTRAM WOLPIN, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1954.


Attorney(s) appearing for the Case

Mr. Theodore S. Chazin argued the cause for plaintiffs-appellants (Messrs. Chazin & Chazin, attorneys).

Mr. Alex R. De Sevo (Mr. Edward De Sevo, attorney) and Mr. Ervin E. Field argued the cause for defendants-respondents.

Before Judges CLAPP, FREUND and SCHETTINO.


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

For the purposes of this opinion, no more need be said of the facts of the case than that the plaintiff, Mrs. Brice, and her husband sue for injuries allegedly sustained by her while a passenger in a bus owned and operated by two of the defendants and driven by a third defendant. The jury returned a verdict for the defendants.

The trial court in its charge, though it held the owner-operators of the...

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