Fortugno Realty Co. v. Schiavone-Bonomo Corp.

The opinion of the court was delivered by

Haotsjian, J.

Plaintiff filed suit seeking recovery for damage caused to its platform scale by defendants in connection with the weighing of a truck owned by Schiavone-Bonomo Corporation (Sehiavone) and loaded with scrap metal being purchased by Sehiavone from Herman T. Stich-man, Trustee of Hudson & Manhattan Railroad Company (H. & M.). The suit sounded in negligence.

During the trial, plaintiff “offered into evidence” N. J. 8. A. 39:3-84, which, at the time of the incident in issue, read in pertinent part:

“Subject to the provisions of section 39:3-82…