Defendants, in a tort action, appeal from judgments of the Supreme Court, based on jury verdicts rendered at the Essex County Circuit of $4,000 in favor of Anna Shields, wife, and of $2,000 in favor of George Shields, husband. Affirmed.
For the respondents, Charles W. Chadwick (Donald B. Munsick, of counsel).
For the appellants, Mr. Henry H. Fryling (James O. Boyd, of counsel).
The opinion of the court was delivered by
PERSKIE, J. The respondents, wife and husband, who were the plaintiffs in the court below, instituted suit against appellants, Yellow Cab, Incorporated, and its driver, Samuel Weiner,
defendants in the court below, for alleged personal injuries and resultant damages claimed by them as a result of the alleged reckless, careless and negligent manner in which Weiner operated the taxicab which struck Anna Shields.
The gravamen of the plaintiffs' alleged cause of action is specifically set forth in the second paragraph of their complaint. It is as follows:
"2. The said defendant Yellow Cab, Incorporated, at that time and place was the owner of a taxicab which was under the control and operation of the defendant Sam Weiner, its agent or servant, and the said defendant Yellow Cab, Incorporated, through its said agent and servant, Sam Weiner, did then and there so recklessly, carelessly and negligently and improperly drive and operate its said taxicab as to cause it to run into and collide with the plaintiff Anna Shields."
The Yellow Cab, Incorporated, answered this paragraph in the following manner:
"2. In answer to paragraph two, it admits that this defendant owned and operated the taxicab. It denies the balance thereof."
Samuel Weiner filed no answer but is joined in this appeal. Neither the Yellow Cab, Incorporated, nor Samuel Weiner offered any testimony. Anna Shields was the only witness to the accident which, according to her testimony, took place on Broad and Park streets, Newark, New Jersey, on August 12th, 1931. She claimed that while crossing Broad street, from west to east, after having made due observation that all traffic was standing still and before reaching her destination, she was hit in the back and was taken to the hospital.
At the conclusion of plaintiffs' case counsel for appellants made a motion for a nonsuit on the ground that there was no testimony given as to what hit the plaintiff. The record indicates ...