Opinion

Jorgensen v. Pennsylvania Railroad

  • 25 N.J. 541
  • 138 A.2d 24
  • 72 A.L.R. 2d 1415
  • 41 L.R.R.M. (BNA) 2470
  • 1958 N.J. LEXIS 282
Court
Supreme Court of New Jersey
Filed
Jan 20, 1958
Status
Published
Author
Heher
On the bench
Proctor, Weintraub, Heher
Cited by
58 cases

member seeking to examine corporation's records must first exhaust internal procedures

How later courts described this case

  • member seeking to examine corporation's records must first exhaust internal procedures
  • “A mere showing of extensive publication without proof tending to connect the defendant to such publication is not sufficient to destroy ... qualified privilege ____”
  • accusation of theft from employer is slander per se
  • railroad employee discharged for theft

Written by the judges who cited it.

The opinion

Heher, J.

(dissenting in part). I concur in the reasoning and conclusion of the opinion, save as to the holding that there was sufficient evidence to sustain the submission to the jury of the “question whether there was an unlawful restraint of plaintiff’s liberty.” I find no tangible basis in the evidence for the conclusion that there was “constraint of person,” either by conduct or by words, such as would “induce a reasonable apprehension of force.” There was a discussion of the circumstances attending the transaction, welcomed by the plaintiff as an opportunity for self-defense. There was no arrest and no imprisonment. And there is no suggestion in what was done of an intention to impose confinement; quite the contrary. The course taken cannot reasonably be regarded as a “holding” of the plaintiff “incommunicado” in the sense of constraint of the person.

I would reverse the judgment in toto.

For affirmance in part and reversal in part — Justices Wacheneeld, Burling, Jacobs and Proctor — 1.

For reversal in toto — Justice Heher — 1.

Weintraub, C. J., concurring in result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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