Legal Opinion

Merklinger v. Lambert

Supreme Court of New Jersey

Decided November 16, 1908PublishedCited by 4 opinions

On error to the Supreme Court. Case tried at Essez Circuit, before Judge Heisley and a jury, and verdict rendered for defendant.

1Opinion of the Court

The opinion of the court was delivered by

Yroom, J.

The action was in tort and brought by the plaintiff as administrator of his deceased son, George B. Merklinger.

The cause of action, as laid in the declaration, was as follows : “The said defendant, by his servant, unlawfully, carelessly, negligently and improperly drove,, run and propelled a certain automobile along Pennsylvania avenue, a public street *808in the city of Newark, in the county of Essex aforesaid, so as to run into and collide with the said George B. Merklinger, deceased, who was then and there lawfully in and upon said highway, and…

2Cases cited4 opinions

  1. Martinez v. RunkleSupreme Court of New Jersey · 1894
  2. Foley v. LoughranSupreme Court of New Jersey · 1897
  3. New Jersey Traction Co. v. GardnerSupreme Court of New Jersey · 1895
  4. Schramm v. ParkerSupreme Court of New Jersey · 1905

3Cited by4 opinions

  1. Luther v. StateIndiana Supreme Court · 1912
  2. Marzotto v. Gay Garment Co.New Jersey Superior Court Appellate Division · 1951
  3. Davidson v. FornicolaNew Jersey Superior Court Appellate Division · 1955
  4. Stannard v. Shell Eastern Petroleum Products, Inc.Supreme Court of New Jersey · 1936

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