On appeal from the Hudson County Circuit Court.
For the appellant, Casimir Tokarski (Samuel E. Kresch, of counsel).
For the respondent, George R. Milstein.
The opinion of the court was delivered by
TRENCHARD, J. This is the appeal of the defendant below from a judgment entered upon the verdict of a jury in favor of the plaintiff.
The action was brought to recover for injuries sustained by the plaintiff, who was hit and hurt, whilst crossing Grand
street in Jersey City, by an automobile alleged to have been owned and driven by the defendant.
The sole contention on this appeal is that the judge erred in refusing to nonsuit and in refusing to direct a verdict for the defendant.
The defendant's first point is that such motions should have been granted, because, as he contends, there was no evidence "that the defendant's automobile was physically involved in the accident."
We think that there was such evidence.
The testimony of plaintiff's witnesses was to the effect that they saw the plaintiff being dragged by an automobile, proceeding upon Grand street, for a distance of fifty or sixty feet; that the car then stopped near the curb and plaintiff was extricated from beneath that car from which the defendant alighted; that the car from which the defendant alighted was owned and driven by him at the time; that there was no other automobile upon the street in the immediate vicinity at the time; that defendant was asked, "did you hit this man?" and he said that he "didn't know;" that thereupon the police ordered the plaintiff taken to the hospital and arrested the defendant.
At the trial the defendant contented himself with denying that he hit the plaintiff, merely adding, "I didn't see him; when I backed up my ...