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Brown v. Lasseff

Decided: September 27, 1933.

ORVILLE BROWN ET AL., PLAINTIFFS-RESPONDENTS,
v.
ARNOLD LASSEFF, DEFENDANT-APPELLANT; JAMES RUSSO ET AL., DEFENDANTS



On appeal from a judgment of the Supreme Court.

For the appellant, Pomerehne, Laible & Kautz.

For the respondents, Quinn, Parsons & Doremus.

Donges

The opinion of the court was delivered by

DONGES, J. This appeal brings up two judgments of the Supreme Court, entered on verdicts of a jury after trial at the Monmouth Circuit.

The cause of action arises out of the same collision which resulted in a verdict and judgment for one Hoffman against Lasseff and Russo, which was reversed as to Lasseff in this court. Hoffman v. Lasseff, 110 N.J.L. 122. The proofs in that case differed materially from those in the case under consideration here.

The appellant Lasseff urges three grounds for reversal:

1. The trial court erred in refusing to direct a verdict for appellant.

2. Errors in the charge of the trial judge.

3. The verdict was contrary to the weight of the evidence.

1. The defendant Russo testified that he was instructed by one Steinman to take Steinman's Cadillac car, which was in

a garage; that, being unable to start the Cadillac car, Russo took a Packard car, which admittedly belonged to the defendant Lasseff; that he did not know Lasseff and that he was operating the car solely on his own ...


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