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7 N.J. Misc. 910

Fitzgerald v. Gore

Supreme Court of New Jersey

Decided October 21, 1929

Supreme Court of New Jersey · decided 1929-10-21

Cited by 2 later decisions — most recently March 1948

1 federal appellate · 1 state decisions

Relies on Newman v. Fowler

Good law ✅— No negative treatment on recordhow we know

Decided 1929-10-21

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Per Curiam.

¶1The plaintiff below was a passenger in a car of the defendant, Yellow Cab, Incorporated, which came into collision with a car of the defendants Gore and Cook, and plaintiff being injured brought suit against all three defendants.

¶2The trial of the issue resulted in a nonsuit in favor of the Yellow Cab, Incorporated, and a verdict in favor of plaintiff and against the other defendants for $800.

¶3We are asked to reverse this judgment upon two grounds.

¶4Eirst, because it was error to nonsuit in favor of the defendant, Yelow Cab, Incorporated.

¶5This does not present a ground of error for reversal. Newman v. Fowler, 37 N. J. L. 89; Public Service Railway Co. v. Matteucci, 6 N. J. Adv. R. 1545.

¶6Second, that it was error to refuse to direct a nonsuit in favor of the remaining defendants, the appellants here.

¶7*911The proofs present facts and circumstances from which their negligence, causing the happening could be found, thus presenting a jury question. There was, therefore, no error in refusing to nonsuit as to them.

¶8The judgment under review is therefore affirmed.

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