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N.J. POWER & LIGHT CO. v. MABEE

41 N.J. 439 (1964)

197 A.2d 194

NEW JERSEY POWER & LIGHT CO., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. HAROLD F. MABEE AND DENNIS M. MABEE, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided February 3, 1964.

Attorney(s) appearing for the Case

Mr. Charles A. Sweeney argued the cause for plaintiff-appellant and cross-respondent (Messrs. James & Wyckoff, attorneys).

Mr. Robert P. Hanley argued the cause for defendants-respondents and cross-appellants (Messrs. Eagan, O'Donnell, Hanley & Clifford, attorneys).

Messrs. Lloyd, Horn, Megargee & Steedle filed a brief on behalf of Atlantic City Electric Company, Jersey Central Power and Light Company, New Jersey Bell Telephone Company, and Public Service Electric and Gas Company, amici curiae (Mr. Henry P. Megargee, Jr., of counsel).

The opinion of the court was delivered

PER CURIAM.

Defendants' automobile struck a pole which was part of an electric circuit. The pole had to be replaced. The sole issue is the measure of damages. Plaintiff sought $1,317.94, the sum actually expended, while defendants contended they should be held for only part of that cost, to wit, $708.29. The trial court sitting without a jury fixed the damages at $850. Both sides appealed and we certified the matter before...

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