Kolankiewiz v. Burke
Supreme Court of New Jersey
On appeal from the Supreme Court. The plaintiff was injured while crossing a public street in Newark by the defendant’s motor car. The jury might properly find that a street ear had stopped for passengers; that the plaintiff was crossing the street in front of the car and was struck by defendant’s motor car which had overtaken the street ear and was passing on the left.
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The first question raised in the case that calls for an expression of opinion is the admissibility of the city ordinance. The accident occurred before the passage of the act of 1915 (Pamph. L., p. 285), and the case is therefore controlled b3r the act of 1906 (Comp. Stat., p. 3426), if applicable. The point made is that the ordinance conflicts with the statute. Section 2,2 of the statute enacts that no owner, purchaser or driver of a motor vehicle shall be excluded or prohibited from, or excluded or limited in the free use thereof, nor…
2Cited by11 opinions
- Moore's Trucking Co. v. Gulf Tire & Supply Co.New Jersey Superior Court Appellate Division · 1952
- Quillin v. ColquhounIdaho Supreme Court · 1926
- Rodgers v. Reid Oldsmobile, Inc.New Jersey Superior Court Appellate Division · 1959
- George W. Eschelbach v. William S. Scull Co., Inc.Court of Appeals for the Third Circuit · 1961
- Hill Construction Co. v. Central RailroadSupreme Court of New Jersey · 1933
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