Van Riper v. Philip Carey Mfg. Co.

This is an appeal from a judgment of the Superior Court, Law Division, entered upon a jury verdict in favor of plaintiff.

Plaintiff was employed as a truck driver by the Barwick Transportation Company, and on June 7, 1945, on behalf of his employer, he transported a load of asphalt to the defendant's premises for use by the defendant. The vehicle used for this delivery was what is commonly known as a "tank wagon." Defendant maintained storage tanks, into which the asphalt was to be placed. It was necessary, at all times, to keep the asphalt in a semi-liquid or viscuous state, in order that it…