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Wilkinson v. Walsh

Decided: May 17, 1935.

HARTUS R. WILKINSON, PLAINTIFF-APPELLANT,
v.
JOSEPH P. WALSH, DEFENDANT-RESPONDENT



On appeal from the Essex County Circuit Court.

For the plaintiff-appellant, Harvey G. Stevenson (Samuel Weitzman, of counsel, on the brief).

For the defendant-respondent, William J. McCormack.

Wells

The opinion of the court was delivered by

WELLS, J. This is an appeal by the plaintiff from a judgment of the Essex County Circuit Court entered upon a verdict of a jury directed by the court in favor of the defendant.

The suit was brought to recover for damages occasioned to plaintiff's automobile in collision with an automobile owned and operated by the defendant.

The sole ground of appeal is that the trial court should have submitted the case to the jury.

Of course, on this appeal, we are not concerned with the credibility

of witnesses nor with the weight of the evidence. Davis et al. v. Public Service Co-ordinated Transport, 113 N.J.L. 427.

Motions for nonsuit and to direct a verdict for the defendant, for the purpose of the motions, in effect admit the truth of the evidence, and of every inference of fact that can be legitimately drawn therefrom, which is favorable to the plaintiff, but deny its sufficiency in law; and where such evidence or inferences of fact will support a verdict for the plaintiff, such motions must be denied." Fine and Jackson, &c., Corp. v. Lehigh Valley Railroad Co., 110 N.J.L. 385.

In the instant case we believe that the conflicting evidence presented a case for the jury.

There was testimony to the effect that the plaintiff was driving in the daytime in his automobile with his wife and a friend, in an easterly direction toward New York on the southerly side of the Lincoln highway crossing the Hackensack river bridge in Kearny. It was raining and the roadway was wet. Plaintiff's automobile was traveling on the righthand side of the road, approximately four or ...


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