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EULE v. EULE MOTOR SALES

34 N.J. 537 (1961)

170 A.2d 241

ALICE EULE, PLAINTIFF-APPELLANT, v. EULE MOTOR SALES AND RUSSELL A. BOERTZEL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 10, 1961.

Attorney(s) appearing for the Case

Mr. William V. Breslin argued the cause for plaintiff-appellant (Mr. William J. Scanlon, on the brief).

Mr. William R. Morrison argued the cause for defendant-respondent Eule Motor Sales (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Kevin M. O'Halloran, on the brief).

Mr. Edward C. Hillis argued the cause for defendant-respondent Russell A. Boertzel (Messrs. Marley, Winkelried & Hillis, attorneys; Mr. Edward C. Hillis, of counsel).

The opinion of the court was delivered by WEINTRAUB, C.J.

The primary issue is whether a wife may sue a partnership of which her husband is a member for injuries negligently inflicted by him. The partnership obtained a summary judgment which the Appellate Division affirmed. 62 N.J.Super. 250 (App. Div. 1960). We granted certification. 33 N.J. 333 (1960).

Plaintiff was a passenger...

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