Touris v. . Brewster Company

This action was brought to recover damages for the death of plaintiffs’ testator, alleged to have been caused by defendant’s negligence. There have been three trials. On the first the jury disagreed. On the second the complaint was dismissed, but on appeal the judgment of dismissal was reversed and a new trial ordered. The third trial resulted in a verdict for the plaintiffs. The judgment entered thereon was affirmed by the Appellate Division, two of the justices dissenting.

The defendant is a manufacturer of automobiles. One Brown, a mechanical engineer, is its superintendent in charge of the…