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ZIERER v. DANIELS

40 N.J. Super. 130 (1956)

122 A.2d 377

FRANK M. ZIERER, PLAINTIFF-APPELLANT, v. GENE L. DANIELS AND HAROLD M. SCHUMACHER, T/A SCHUMACHER CHEVROLET, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1956.

Attorney(s) appearing for the Case

Mr. David Cohn argued the cause for plaintiff-appellant (Mr. Albert L. Cohn on the brief).

Mr. A. Leo Bohl argued the cause for defendant-respondent Harold M. Schumacher, t/a Schumacher Chevrolet.

Before Judges CLAPP, JAYNE and FRANCIS.

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

This case arises out of an automobile accident. The question — a novel one in this State — is whether the defendant, Harold M. Schumacher, trading as Schumacher Chevrolet, who undertook for a consideration to repair the brakes of a car for its owner, the defendant, Gene L. Daniels, is liable in tort for damages and injuries allegedly sustained by a third person, the plaintiff, as a result of Schumacher...

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