123 N.J.L. 226

BARBARA M. SMITH AND WILLIAM SMITH, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. PUBLIC SERVICE CO-ORDINATED TRANSPORT, DEFENDANT-RESPONDENT.

Submitted May 26, 1939

Decided September 22, 1939.

For the appellants, Meyer L. Sakin.

For the respondent, Henry H. Fryling (Henry J. Sorenson, of counsel).

Per Curiam.

Plaintiffs appeal from a judgment of nonsuit in an action in tort for negligence. The nonsuit was rested upon the hypothesis of an utter lack of evidence tending to show the negligence charged, i. e., defendant’s failure to provide a reasonably safe place for the female plaintiff, a passenger, to alight from one of defendant’s buses, as the result of which she fell and suffered injury. Her husband sued per quod.

We are not called upon to review the evidence. There was no exception to the judicial action thus complained of. Moreover, we deem the nonsuit to have been proper on the authority of Meelhein v. Public Service Co-ordinated Transport, 121 N. J. L. 163.

Judgment affirmed.

For affirmance — The Chancellor, Chiee Justice, Parker, Case, Bodine, Donges, Heher, Pbrskie, Porter, Heteield, Dear, Wells, WolesKeil, Raeeerty, Hague, JJ. 15.

For reversal — None.

Smith v. Public Service Co-ordinated Transport
123 N.J.L. 226

Case Details

Name
Smith v. Public Service Co-ordinated Transport
Decision Date
Sep 22, 1939
Citations

123 N.J.L. 226

Jurisdiction
New Jersey

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