Supreme Court of New Jersey

Helen A. Jurman v. Samuel Braen, Inc…

July 21, 196647 N.J. 586

Summary

The Supreme Court of New Jersey held that the trial judge's instruction of a presumption of due care for the decedent did not constitute reversible plain error and reinstated the jury's wrongful‑death verdict, but reversed the trial court's apportionment of the award and remanded for a proper distribution between the widow and child under the statute.