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Gribbin v. Fox

Decided: July 20, 1943.

JOSEPH GRIBBIN AND DORIS GRIBBIN, PLAINTIFFS-RESPONDENTS,
v.
SAMUEL FOX, DEFENDANT-APPELLANT



On appeal from the Atlantic County Court of Common Pleas.

For the defendant-appellant, Altman & Backer (Samuel Backer, of counsel).

For the plaintiffs-respondents, Philip Monheit.

Before Brogan, Chief Justice, and Justices Bodine and Colie.

Colie

The opinion of the court was delivered by

COLIE, J. Appellant, Samuel Fox, appeals from a judgment entered against him in the Atlantic County Court of Common Pleas in the amount of $1,093.27. The jury awarded $500 to plaintiff Doris Gribbin and $500 to her husband, Joseph Gribbin, for consequential damages.

The plaintiff Doris Gribbin, in the late afternoon of November 30th, 1941, when it was dark, was walking northerly along New Jersey Avenue in Atlantic City. At a point between Pacific and Atlantic Avenues, she attempted to cross from the easterly to the westerly side. She says that she made an observation but saw no car approaching and continued

across the street in a diagonal direction; that when she got to a point just beyond the center of New Jersey Avenue, she then saw, out of the corner of her eye, a head-light a foot or two away from her. The defendant's version of the accident is that he was driving easterly on Pacific Avenue and made a left-hand turn into New Jersey Avenue. This would place his car so that it approached the plaintiff from the rear. His version of the accident is that he saw the plaintiff when she was about 25 feet from his automobile and at that time she was on the sidewalk in a position of safety; that when he was but six feet away from her, she rushed from the sidewalk into the path of his automobile; that he applied his brakes, swerved to the left to avoid her but did not succeed.

Motions for nonsuit and direction of verdict in favor of the defendant on the grounds that there was no proof of defendant's negligence and that, as a matter of law, plaintiff was guilty of contributory negligence, were made and denied.

There were disputed facts as to how this accident happened and both the defendant's negligence and the plaintiff's contributory negligence were questions for the decision of the jury, and hence there was no error in the denial of the aforesaid motions.

We are also asked to reverse on the ground that the trial court admitted, over the defendant's objection, evidence from the plaintiff Doris Gribbin and from two medical witnesses in the case, dealing with a retroverted uterus alleged to have resulted from the accident. The ground of objection is that this evidence was inadmissible because it went beyond the list of injuries furnished by the plaintiff in answer to a demand therefor by the defendant. The defendant asked the plaintiff to specify the nature, extent and probable duration of the injuries sustained and in answer thereto, she said, among other things, that she sustained a severe injury to her abdomen. The trial court admitted the challenged testimony as being within the scope of the answer to ...


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