MASON v. NIEWINSKI


66 N.J. Super. 358 (1961)

169 A.2d 195

WILLIAM H. MASON, PLAINTIFF-RESPONDENT, v. CHARLES NIEWINSKI, ET AL., DEFENDANTS, AND DAVID GOLDFARB, T/A TWENTIETH CENTURY CAB CO., DEFENDANT-APPELLANT. CHARLES NIEWINSKI, PLAINTIFF-RESPONDENT, v. DAVID GOLDFARB, DEFENDANT-APPELLANT, AND EDWIN MILLER, ETC., DEFENDANT. ALFONSO HENSHAW, PLAINTIFF-RESPONDENT, v. EDWARD OGBORNE, ET AL., DEFENDANTS, AND DAVID GOLDFARB, DEFENDANT-APPELLANT. EDWARD A. OGBORNE, PLAINTIFF-RESPONDENT, v. DAVID GOLDFARB, DEFENDANT-APPELLANT, AND CHARLES NIEWINSKI, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1961.


Attorney(s) appearing for the Case

Mr. Howard A. Goldberger argued the cause for defendant-appellant Goldfarb in the action of plaintiff-respondent Niewinski v. Goldfarb (Messrs. Goldberger and Ostrow, attorneys).

Mr. Vincent D. Enright, Jr. argued the cause for defendant-appellant Goldfarb in the individual actions of plaintiffs-respondents Mason, Henshaw and Ogborne (Mr. Maurice J. McKeown and Messrs. McKeown, Harth and Enright, attorneys).

Mr. Myron W. Kronisch argued the cause for plaintiff-respondent Niewinski (Messrs. Roskein, Kronisch, Felzenberg and Mandell, attorneys).

Mr. Joseph S. Seidel argued the cause for plaintiffs-respondents Mason, Henshaw and Ogborne (Mr. Edward G. D'Alessandro, attorney for Mason; Mr. Sam Freeman, attorney for Henshaw; Mr. Milton Schleider, attorney for Ogborne; Mr. Norman Peterkin, of counsel and on the brief for said plaintiffs-respondents).

Before Judges CONFORD, FREUND and KILKENNY.


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

These appeals arise out of four separate actions consolidated for trial, all involving a collision between a taxicab and an automobile near the intersection of Broad and New Streets, Newark, at about 1:45 A.M. on April 23, 1958.

The cab driver was Charles S. Niewinski, operating the vehicle under lease arrangement with David Goldfarb, trading as Twentieth Century Cab Co. He was driving north on Broad...

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