September 1886: Cortlandt Parker, a member of an American Bar Association committee on the causes of delays in judicial administration, gave this cheerful account of New Jersey practice: “It is a fact, however instructive it may or may not be, that in that state of the Union in which the common law and the legal machinery of the common law are most cherished; where there still remain a separation of equity and common law jurisdiction … there is so little of the ‘law’s delay’ that complaint on that subject is comparatively rare; that indeed, there really is no just cause for any.”
100 Years Ago
September 1911: The Court of Errors and Appeals, in Ochs v. Public Service Railway Co., 80 A. 495, adopted a new rule of law: that where a negligent act results in injuries to a person and his property, recovery for one is not a bar to recovery for the other. The decision diverged from the pre-existing rule that a single wrongful act could give rise to but one cause of action. It reversed a lower court’s finding that because Gustave Ochs had already won damages for injuries to his horse and wagon caused by a trolley car, he was barred from bringing a separate suit for his bodily injuries.
75 Years Ago
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