92 N.J.L. 494 | N.J. | 1918
The opinion of the court was delivered by
This was a suit to recover damages for personal injuries. The trial resulted in a verdict for the plaintiff. The essential facts in brief are: The plaintiff, Prank Schott, was a passenger on an automobile known as a jitney. The route of the jitney was from Newark to Elizabeth. The jitney bus in question was a large one capable of seating twenty-seven persons. The accident happened at night, on the evening of July 30th, 1917. The plaintiff, Frank Schott, had signaled the driver to stop at the next corner, Coe avenue; he was in the act of rising from his seat "preparatory to leaving the jitney bus. The front wheel of the jitney bus struck a large stone in the road; he was thrown violently against the right-hand curb. By reason of the impact, the plaintiff was thrown out through the door of the jitney bus between the vehicle and a telegraph pole. The result of the accident was the plaintiff sustained a broken rib and a punctured lung. The trial court refused to nonsuit the plaintiff, on the motion of the defendant. This is the only substantial basis of appeal. There are, however, ten grounds of appeal stated, but they are argued under one head in the appellant’s brief, viz., that
For affirmance — The Chancellor, Chiee Justice, Swayze, Trenchard, Parker, Bergen, Minturn, Kalisch, Black, White, Heppenheimer, Williams, Taylor, Gardner, JJ. 14.
For reversal — None.