Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Smith v. Public Service Co-Ordinated Transport

New Jersey Supreme Court


Decided: September 22, 1939.

BARBARA M. SMITH AND WILLIAM SMITH, HER HUSBAND, PLAINTIFFS-APPELLANTS,
v.
PUBLIC SERVICE CO-ORDINATED TRANSPORT, DEFENDANT-RESPONDENT

On appeal from a judgment of the Supreme Court.

For the appellants, Meyer L. Sakin.

For the respondent, Henry H. Fryling (Henry J. Sorenson, of counsel).

[123 NJL Page 226]

PER CURIAM.

Plaintiffs appeal from a judgment of nonsuit in an action in tort for negligence. The nonsuit was rested upon the hypothesis of an utter lack of evidence tending to show the negligence charged, i.e., defendant's failure to provide a reasonably safe place for the female plaintiff, a passenger, to alight from one of defendant's buses, as the result of which she fell and suffered injury. Her husband sued per quod.

We are not called upon to review the evidence. There was no exception to the judicial action thus complained of. Moreover, we deem the nonsuit to have been proper on the authority of Meelhein v. Public Service Co-ordinated Transport, 121 N.J.L. 163.

Judgment affirmed.

For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 15.

For reversal -- None.

19390922


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.