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Grier v. Scandura

Decided: January 5, 1934.

MADELINE MONRO GRIER AND HENRY MONRO GRIER, PLAINTIFFS-RESPONDENTS,
v.
JOSEPH SCANDURA, DEFENDANT, AND HENRY CHARTOFF AND LOUIS YANOWITZ, DEFENDANTS-APPELLANTS



On appeal from the Supreme Court.

For the defendants-appellants, Edwards, Smith & Dawson.

For the plaintiffs-respondents, Charles C. Stalter.

Wells

The opinion of the court was delivered by

WELLS, J. This is an appeal from judgments recovered by the plaintiffs against Henry Chartoff and Louis Yanowitz, defendants-appellants, in the New Jersey Supreme Court, on verdicts rendered by a jury in a case tried at the Bergen Circuit.

The case arose out of an automobile accident in which a "large" truck, owned and operated by the defendant Scandura, a "small" truck, owned by the appellant Chartoff, and operated by his employe, Yanowitz, and an automobile owned and operated by the plaintiff Madeline Monro Grier, participated, resulting in personal injuries to Mrs. Grier, damages to her automobile and consequential damages to her husband, Henry Monro Grier.

The suit was originally instituted against three defendants, to wit, Joseph Scandura, Henry Chartoff and Louis Yanowitz.

A discontinuance was entered with respect to Scandura, owner of the "large" truck.

At the conclusion of the plaintiff's case, the defendants-appellants rested without offering any testimony, and thereupon moved for a direction of a verdict upon the ground that there was no evidence of any negligence on their part, that there had been no proof that the "small" truck at any time came in contact with the automobile of the plaintiff, Mrs. Grier.

The only ground of appeal is that the court refused to direct a verdict in favor of the defendants Chartoff and Yanowitz when requested so to do.

The complaint alleged that the plaintiff, Mrs. Grier, was on or about September 30th, 1931, operating her automobile in a northerly direction on the Franklin turnpike, in the county of Bergen; that the defendants were operating their respective trucks in a southerly direction at the same time and place, and so negligently operated them that as a result both trucks crashed into the automobile of the plaintiff, Mrs. Grier.

The allegations of negligence were, among others, that defendants' trucks were being driven at an excessive rate of speed, on the wrong side of the road, violating the rules of the road, the laws of the state and without proper regard to the rights of others who were lawfully using the highway, and without keeping a proper lookout for other vehicles, and that by reason of the negligence of the defendants, the trucks of the defendants collided with ...


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