case falls within doctrine in New Jersey

1970The court in its opinion relied heavily on a decision to the same effect by the Court of Appeals for the Second Circuit in Fitzgerald v. Pan American World Airways, 229 F. 2d 499 (1956), and said: *308 The rationale of the decision in Fitzgerald, supra, is that inasmuch as the Civil Aeronautics Act makes it a Federal crime to violate its provisions * * * the case falls within the doctrine which permits treatment of a criminal statute as creating a Federal cause of action in favor of members of the class for whose protection the statute was enacted. * * * * * * * * This doctrine, that specific

1970The court in its opinion relied heavily on a decision to the same effect by the Court of Appeals for the Second Circuit in Fitzgerald v. Pan American World Airways, 229 F. 2d 499 (1956), and said: *308 The rationale of the decision in Fitzgerald, supra, is that inasmuch as the Civil Aeronautics Act makes it a Federal crime to violate its provisions * * * the case falls within the doctrine which permits treatment of a criminal statute as creating a Federal cause of action in favor of members of the class for whose protection the statute was enacted. * * * * * * * * This doctrine, that specific

1970It cannot be presumed, nonetheless, that the Congress intended no relief for past infringement of the Federal rights of air passengers there declared. * * * * * * * * Every pertinent consideration of reason and policy, therefore, points to the compelling desirability of permitting a Federal cause of action to the aggrieved passenger as a needed force to assure full compliance with the requirements of the Act. [Citations omitted] In Nixon v. Herndon, 273 U.S. 536 , 47 S.Ct. 446 , 71 L.Ed. 759 (1927), the court held unconstitutional a Texas statute barring Negroes from participating in Democrati

1970It cannot be presumed, nonetheless, that the Congress intended no relief for past infringement of the Federal rights of air passengers there declared. * * * * * * * * Every pertinent consideration of reason and policy, therefore, points to the compelling desirability of permitting a Federal cause of action to the aggrieved passenger as a needed force to assure full compliance with the requirements of the Act. [Citations omitted] In Nixon v. Herndon, 273 U.S. 536 , 47 S.Ct. 446 , 71 L.Ed. 759 (1927), the court held unconstitutional a Texas statute barring Negroes from participating in Democrati

1968Where circumstances are shown permitting a fair inference of fraudulent purpose, the case falls within the rule of Ex parte Riley [ 94 Ala. 82 , 10 So. 528 ] (supra), which governed prosecutions under the statute before the amendment was made.

1941The form of the complaint is not determinative of whether the case falls within the exception to the statute; Ex parte Gate (Vermont), 106 Atl.

1930Racine Rubber Co. v. Industrial Commission (1917), 165 Wis. 600 .” It is finally argued that the case falls within the rule laid down in Schmoll v. Weisbrod & Hess Brewing Co., 89 N. J.

1898Road Commission v. Harrington Township, 25 Vroom 274; affirmed, 26 Id. 327 .

1898Road Commission v. Harrington Township, 25 Vroom 274; affirmed, 26 Id. 327 .

1898Eq. 265, where the effect of a representative on one side only was considered, and not within the principle of Haines v. Watts, 26 Vr. 149 , where the effect of representatives on both sides was considered.