McGinley v. Tonti

Supreme Court of New Jersey

McGinley v. Tonti

154 A. 628, 9 N.J. Misc. 394, 1931 N.J. Sup. Ct. LEXIS 383

DecidedApril 2, 1931

StatusPublished

This text of 154 A. 628 (McGinley v. Tonti) 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

McGinley v. Tonti, 154 A. 628, 9 N.J. Misc. 394, 1931 N.J. Sup. Ct. LEXIS 383 (N.J. 1931).

Pincite

Opinion

Pee Cueiam.

This is an appeal from a judgment of the Second District Court of Paterson entered in favor of the defendant. The suit arose out of an automobile collision. Plaintiff sued to recover the damage done to her car and defendant counterclaimed for the damage to his car. The court gave judgment for the defendant on his counter-claim. No point is made of the propriety of entertaining a counter-claim in a District Court action in tort.

The case presents a question of fact only. Appellant argues no other ground. There is ample support for the finding of the trial judge that the plaintiff’s husband’s negligence was -the proximate cause of the accident and that the defendant was free from contributory negligence.

The judgment is affirmed, with costs.

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Pee Cueiam.

This is an appeal from a judgment of the Second District Court of Paterson entered in favor of the defendant. The suit arose out of an automobile collision. Plaintiff sued to recover the damage done to her car and defendant counterclaimed for the damage to his car. The court gave judgment for the defendant on his counter-claim. No point is made of the propriety of entertaining a counter-claim in a District Court action in tort.

The case presents a question of fact only. Appellant argues no other ground. There is ample support for the finding of the trial judge that the plaintiff’s husband’s negligence was -the proximate cause of the accident and that the defendant was free from contributory negligence.

The judgment is affirmed, with costs.

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Bluebook (online)

154 A. 628, 9 N.J. Misc. 394, 1931 N.J. Sup. Ct. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcginley-v-tonti-nj-1931.