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Oliver v. Leonardo

Decided: February 10, 1947.

ARTHUR W. OLIVER, PLAINTIFF-APPELLEE,
v.
JAMES LEONARDO, DEFENDANT-APPELLANT; ROBERT W. OLIVER, PLAINTIFF-APPELLEE, V. JAMES LEONARDO, DEFENDANT-APPELLANT



On appeal from the District Court of the City of Clifton.

For the plaintiffs-appellees, Friend & Friend.

For the defendant-appellant, Sidney B. Rosenthal (Martin Kimmel, of counsel).

Before Justices Parker, Donges and Eastwood.

Eastwood

The opinion of the court was delivered by

EASTWOOD, J. This is an automobile negligence case. Separate suits were instituted by plaintiffs-appellees in the

District Court to recover property damages to the automobile of plaintiff-appellee Arthur W. Oliver, and for personal injuries, expenses, and loss of income, & c., to the plaintiff-appellee Robert W. Oliver, alleged to have been sustained in a collision between the automobile owned by Arthur W. Oliver, and operated by his son, Robert W. Oliver, with a truck owned and operated by the defendant, James Leonardo, at the intersection of Crooks Avenue and Wabash Avenue, in the City of Paterson, New Jersey, at approximately 6:30 A.M., on September 7th, 1945. Defendant-appellant, James Leonardo, filed a counter-claim thereto for damages to his truck. The two cases were consolidated for trial and heard by the District Court Judge, sitting as a jury.

Following the presentation of evidence on behalf of the plaintiffs-appellees, defendant-appellant's motion for a nonsuit on the ground of (1) contributory negligence on the part of the plaintiff, and (2) no proof of negligence on the part of the defendant was denied. The court, at the close of the case, took the matter under advisement and issued the following decision:

"After due consideration of the evidence presented in this cause, I find that this collision was caused solely by the negligence of the defendant, James Leonardo. It is apparent that the defendant 'cut' the corner when making a left turn from Wabash Avenue into Crooks Avenue in the City of Paterson; and that in doing so he cut off the progress of plaintiff's automobile without proper warning; operated his truck on the improper side of the highway, and failed to make a reasonable observation of traffic proceeding west on Crooks Avenue.

"I find no evidence of contributory negligence on the part of the plaintiff. Accordingly judgment in this cause of action will be entered as follows:

"In the suit for property damage brought by plaintiff against the defendant, No. 29-144, judgment is entered in favor of the plaintiff, Arthur W. Oliver and against the defendant in the sum of $500.

"In the suit for personal injuries, expenses, loss of income, & c., brought by plaintiff against the ...


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