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HODGSON v. POHL

9 N.J. 488 (1952)

89 A.2d 24

MABEL HODGSON AND MABEL B. HODGSON AND JOHN H. HODGSON, EXECUTORS OF THE ESTATE OF ELMO W. HODGSON, DECEASED, PLAINTIFFS-RESPONDENTS, v. LeROY V. POHL, MARY E. FLUHARTY AND HARRY FLUHARTY, JOINTLY, SEVERALLY, OR IN THE ALTERNATIVE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 2, 1952.

Attorney(s) appearing for the Case

Mr. Sidney P. McCord, Jr., argued the cause for appellant LeRoy V. Pohl (Messrs. Starr, Summerill & Davis, attorneys).

Mr. Samuel P. Orlando argued the cause for appellants, Mary E. and Harry Fluharty (Messrs. Orlando, Devine & Tomlin, attorneys).

Mr. Walter S. Keown argued the cause for respondents.

The opinion of the court was delivered by WACHENFELD, J.

The query here is whether or not the question of "unavoidable accident" was properly submitted to the jury and if error was committed in the court's definition of "unavoidable accident."

A brief resume of the facts helps clarify the issues. The plaintiffs, husband and wife, were passengers in a taxicab proceeding north on Atlantic Avenue in Haddonfield, New Jersey, the cab being operated by the defendant...

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