Logourl black

Robb v. John C. Hickey, Inc.

Circuit Court of New Jersey, Morris County
20 A.2d 707 (N.J. Cir. Ct. 1941)


Facts

Clyde Robb (plaintiff) brought a negligence suit on behalf of his decedent against John C. Hickey, Inc. (Hickey) (defendant). Hickey argued that Robb’s decedent was contributorily negligent. The trial judge instructed the jury that if the decedent was contributorily negligent, the degrees of each party’s negligence did not matter. The jury’s verdict, which was read in the absence of the judge, stated: “The jury finds that there was negligence on the part of both parties involved—The evidence shown is that the defendant was more negligent than the plaintiff—We therefore recommend an award of $2,000.00 to the plaintiff . . . .” Robb sought to set aside the verdict because it was ambiguous, inconsistent, and contrary to the jury instructions. Hickey filed a motion to mould the verdict into a verdict in favor Hickey.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Leyden, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.