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Neidig v. Fisher

Decided: September 22, 1939.

GEORGE B. NEIDIG, PLAINTIFF-RESPONDENT,
v.
JOSEPH FISHER, DEFENDANT-APPELLANT



On appeal from the Supreme Court (Gloucester Circuit).

For the plaintiff-respondent, Horace G. Brown and James B. Avis.

For the defendant-appellant, Samuel P. Orlando.

Wells

The opinion of the court was delivered by

WELLS, J. This is an appeal from a judgment for $3,250 entered in the Supreme Court, Gloucester Circuit, based upon a verdict of the jury in favor of the plaintiff-respondent, George B. Neidig, and against the defendant-appellant, Joseph Fisher.

On September 11th, 1938, Neidig was driving in his automobile from Cecil, New Jersey, to Williamstown, his place of residence, in a northerly direction on a highway known as the Black Horse Pike. At the juncture of the Black Horse Pike and Main street, Williamstown, his car was involved in a collision with one owned and operated by the defendant Fisher, a resident of Pennsylvania.

At the place of the collision, the Black Horse Pike is a dual highway, having two lanes each going north and south, separated by grass plots. Going in a southerly direction, and just before the juncture with Main street, the pike has a gradual curve to the left. At this juncture a "Y" is formed, of which Main street is one arm, and the south-bound lane of the pike forms the other arm and both continue on to make the base.

Opposite the point where Main street and the south-bound lanes of the pike meet there is an oblique opening in the grass plots, which is thirty-six feet wide on the side of the north-bound lanes, and fifty-seven feet wide on the side of the south-bound lanes. At this opening, visible to north-bound traffic, there is a sign pointing up Main street and marked "Williamstown Business District." Through this opening and up Main street is the normal way for north-bound traffic to go to Williamstown.

For the personal injuries and property damages sustained in the collision, Neidig brought this action against Fisher.

Upon the trial of the cause after denial of motions for nonsuit and directed verdict, the jury returned a verdict in favor of the plaintiff, and from the judgment entered thereon this appeal is taken.

The defendant-appellant Fisher generally urges three grounds for the reversal of the judgment entered below; (1) that the trial court erred in allowing an amendment to the complaint increasing the amount of damages demanded from $2,750 to $5,000; (2) that the court erred in denying motions for nonsuit and directed verdict; and (3) that ...


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