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FORTUGNO REALTY CO. v. SCHIAVONE-BONOMO CORP.

39 N.J. 382 (1963)

189 A.2d 7

FORTUGNO REALTY COMPANY, A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. SCHIAVONE-BONOMO CORPORATION, A CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND HERMAN T. STICHMAN, TRUSTEE OF HUDSON & MANHATTAN RAILROAD COMPANY, A CORPORATION OF NEW JERSEY IN BANKRUPTCY, DEFENDANT-CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 4, 1963.

Attorney(s) appearing for the Case

Mr. H. Curtis Meanor argued the cause for defendant-appellant and cross-respondent, Schiavone-Bonomo Corporation and defendant-cross-respondent, Herman T. Stichman, trustee of Hudson & Manhattan Railroad Company (Messrs. Lamb, Langan & Blake, attorneys; Mr. Arthur J. Blake and Mr. H. Curtis Meanor, of counsel).

Mr. Adrian M. Unger argued the cause for plaintiff-respondent and cross-appellant, Fortugno Realty Company (Messrs. Milton M. and Adrian M. Unger, attorneys; Mr. Adrian M. Unger and Mr. Joseph Ginsburg, of counsel).

The opinion of the court was delivered by HANEMAN, 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 (Schiavone) and loaded with scrap metal being purchased by Schiavone from Herman T. Stichman, Trustee of Hudson & Manhattan Railroad Company (H. & M.). The suit sounded in negligence.

During the trial, plaintiff "offered into...

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