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CLEMENS v. O'BRIEN

85 N.J. Super. 404 (1964)

204 A.2d 895

MARTHA D. CLEMENS, PLAINTIFF-APPELLANT, v. WILLIAM F. O'BRIEN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1964.

Attorney(s) appearing for the Case

Mr. Garret A. Hobart, IV, argued the cause for appellant (Messrs. Schenck, Price, Smith & King, attorneys).

Mr. Richard F. Connors argued the cause for respondent (Messrs. Lieberman, Gorrin, Connors & Ironson, attorneys).

Before Judges CONFORD, KILKENNY and LEWIS.

The opinion of the court was delivered by CONFORD, S.J.A.D.

We here deal with the controversial doctrine of automobile tort law generally known as joint enterprise or joint venture — a rule apparently not the subject of discussion in any reported New Jersey case since Fisch v. Waters, 136 N.J.L. 651 (Sup. Ct. 1948).1 The occasion is an appropriate one for clarification and evaluation — at least in relation...

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