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Smith v. Public Service Co-Ordinated Transport

Court of Errors and Appeals
Sep 22, 1939
8 A.2d 575 (N.J. 1939)

Opinion

Submitted May 26, 1939 —

Decided September 22, 1939.

On appeal from a judgment of the Supreme Court.

For the appellants, Meyer L. Sakin.

For the respondent, Henry H. Fryling ( Henry J. Sorenson, of counsel).


Plaintiffs appeal from a judgment of nonsuit in an action in tort for negligence. The nonsuit was rested upon the hypothesis of an utter lack of evidence tending to show the negligence charged, i.e., defendant's failure to provide a reasonably safe place for the female plaintiff, a passenger, to alight from one of defendant's buses, as the result of which she fell and suffered injury. Her husband sued per quod.

We are not called upon to review the evidence. There was no exception to the judicial action thus complained of. Moreover, we deem the nonsuit to have been proper on the authority of Meelhein v. Public Service Co-ordinated Transport, 121 N.J.L. 163.

Judgment affirmed.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 15.

For reversal — None.


Summaries of

Smith v. Public Service Co-Ordinated Transport

Court of Errors and Appeals
Sep 22, 1939
8 A.2d 575 (N.J. 1939)
Case details for

Smith v. Public Service Co-Ordinated Transport

Case Details

Full title:BARBARA M. SMITH AND WILLIAM SMITH, HER HUSBAND, PLAINTIFFS-APPELLANTS, v…

Court:Court of Errors and Appeals

Date published: Sep 22, 1939

Citations

8 A.2d 575 (N.J. 1939)
8 A.2d 575

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