Bush v. New Jersey & New York Transit Co.

The opinion of the court was delivered by

Schettino, J.

Appeal is from a judgment of the Appellate Division (52 N. J. Super. 513 (1958)) affirming a Superior Court, Law Division, judgment in favor of defendant upon a jury’s verdict of no cause of action. This is an infant pedestrian-motor bus negligence case for personal injuries on behalf of the infant plaintiff and for the parents’ per quod. We granted certification. 29 N. J. 62 (1959).

The infant plaintiff (hereinafter referred to as “plaintiff”) was 4 years, 1 month and 19 days old on the date of the accident, June 13, 1956. At that time the…