Noon v. Delaware Railroad

140 A. 882, 6 N.J. Misc. 285, 1928 N.J. Sup. Ct. LEXIS 337
CourtSupreme Court of New Jersey
DecidedMarch 10, 1928
StatusPublished

This text of 140 A. 882 (Noon v. Delaware Railroad) 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
Noon v. Delaware Railroad, 140 A. 882, 6 N.J. Misc. 285, 1928 N.J. Sup. Ct. LEXIS 337 (N.J. 1928).

Opinion

Per Curiam.

This suit was brought to recover damages nnder the Death act. Also under the provisions of the United States statute, the “Employers’ Liability act.”

The trial resulted in a verdict for the plaintiff for $30,000. The rulé to show cause allowed the defendant reserves all of the exceptions taken by the defendant upon the trial of the cause. The reasons assigned for a new trial are first, the verdict is excessive; second, the verdict is inordinate, the result of bias or prejudice.

The plaintiff’s intestate was twenty-nine years old at the time of his death. He had a life expectancy of thirty-nine years. The widow was twenty-nine years old and their two children were four and six years old, respectively. At the time of the decedent’s death, he was contributing from $120 to $140 each month to his wife for the support of herself and their children. He was a man of good habits, health, character and intelligence. He was sober and industrious. ■ We cannot say the verdict is excessive under the evidence in the record.

The rule to show cause is discharged.

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Bluebook (online)
140 A. 882, 6 N.J. Misc. 285, 1928 N.J. Sup. Ct. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noon-v-delaware-railroad-nj-1928.