Eckert v. Deutsch

Supreme Court of New Jersey

Eckert v. Deutsch

142 A. 920, 6 N.J. Misc. 653, 1928 N.J. Sup. Ct. LEXIS 168

DecidedJune 22, 1928

StatusPublished

This text of 142 A. 920 (Eckert v. Deutsch) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eckert v. Deutsch, 142 A. 920, 6 N.J. Misc. 653, 1928 N.J. Sup. Ct. LEXIS 168 (N.J. 1928).

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Opinion

Per Curiam.

This suit was brought by a husband and wife to recover compensation for alleged criminal assaults attempted to be made by the defendant upon the body of the female plaintiff on several different occasions. The trial resulted in a verdict in favor of Mrs. Eckert, the jury awarding nothing to the husband.

The principal reason specified for making this rule abso-lute is that it is contrary to the weight of the evidence. Our examination of the proofs sent up with the rule to show cause not only satisfies us that this is so, but that the verdict is in the face of the overwhelming weight of the testimony. Eor this reason we conclude that it should be set aside, notwithstanding the fact that the record of the cause shows that this verdict was rendered upon a second trial of the issue.

The rule to show cause will be made absolute.

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Per Curiam.

This suit was brought by a husband and wife to recover compensation for alleged criminal assaults attempted to be made by the defendant upon the body of the female plaintiff on several different occasions. The trial resulted in a verdict in favor of Mrs. Eckert, the jury awarding nothing to the husband.

The principal reason specified for making this rule abso-lute is that it is contrary to the weight of the evidence. Our examination of the proofs sent up with the rule to show cause not only satisfies us that this is so, but that the verdict is in the face of the overwhelming weight of the testimony. Eor this reason we conclude that it should be set aside, notwithstanding the fact that the record of the cause shows that this verdict was rendered upon a second trial of the issue.

The rule to show cause will be made absolute.

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Bluebook (online)

142 A. 920, 6 N.J. Misc. 653, 1928 N.J. Sup. Ct. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eckert-v-deutsch-nj-1928.