Lewis v. Public Service Railway Co.

Supreme Court of New Jersey

Lewis v. Public Service Railway Co.

138 A. 466, 5 N.J. Misc. 840, 1927 N.J. Sup. Ct. LEXIS 103

DecidedAugust 26, 1927

StatusPublished

This text of 138 A. 466 (Lewis v. Public Service Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lewis v. Public Service Railway Co., 138 A. 466, 5 N.J. Misc. 840, 1927 N.J. Sup. Ct. LEXIS 103 (N.J. 1927).

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Opinion

Per Curiam.

Appellee’s automobile was being driven easterly on Malone street and turned southerly into Palisade avenue, in Union City, and there came into collision with a trolley car proceeding northerly on Palisade avenue. Appellee has a judgment in the court below. Defendant below appeals, urging error in refusal of the trial judge to nonsuit because no negligence was established as against appellant and because appellee was guilty of contributory negligence, and also urging error in refusing to direct a verdict upon the same grounds.

Both, however, were questions of fact. There was testimony that the trolley car was traveling very fast as it approached Malone street, and no gong was sounded; that another automobile was parked at or near the corner, making it necessary for the driver of appellee’s automobile to turn out on the trolley tracks.

. It is apparent, therefore, that there was evidence to support the trial judge’s action and findings, and the judgment, therefore, will not be disturbed.

The judgment below is affirmed, with costs.

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Per Curiam.

Appellee’s automobile was being driven easterly on Malone street and turned southerly into Palisade avenue, in Union City, and there came into collision with a trolley car proceeding northerly on Palisade avenue. Appellee has a judgment in the court below. Defendant below appeals, urging error in refusal of the trial judge to nonsuit because no negligence was established as against appellant and because appellee was guilty of contributory negligence, and also urging error in refusing to direct a verdict upon the same grounds.

Both, however, were questions of fact. There was testimony that the trolley car was traveling very fast as it approached Malone street, and no gong was sounded; that another automobile was parked at or near the corner, making it necessary for the driver of appellee’s automobile to turn out on the trolley tracks.

. It is apparent, therefore, that there was evidence to support the trial judge’s action and findings, and the judgment, therefore, will not be disturbed.

The judgment below is affirmed, with costs.

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Bluebook (online)

138 A. 466, 5 N.J. Misc. 840, 1927 N.J. Sup. Ct. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-public-service-railway-co-nj-1927.