126 F.2d 160 | 3rd Cir. | 1942
The plaintiff brought suit in the District Court for the District of New Jersey to recover damages for the death of her husband, which she alleged was caused by the negligence of the defendant. At the close of the plaintiff’s case the defendant moved for a nonsuit. The court reserved decision. The defendant presented his evidence and moved for a directed verdict. The court entered judgment dismissing the action. The appeal is from that judgment. In jury actions an order of dismissal granted because the court is of the opinion that under the facts and the law the plaintiff has shown no right to relief is equivalent to an involuntary nonsuit under the former practice.
The plaintiff’s husband was killed in a collision between the Pontiac which he
Violations of traffic statutes may be considered by the jury in determining whether the defendant was negligent.
The judgment of the district court is affirmed.
Kataoka v. May Department Stores Co., D.C.S.D.Cal.1939, 28 F.Supp. 3.
Mikolajczyk v. Allcutt, 3 Cir., 1939, 102 F.2d 82.
New Jersey Laws of 1928, c. 281, Art. VIII, § 5, p. 733, N.J.S.A. 39:4-82.
New Jersey Laws of 1928, c. 281, Art. IX, § 4, p. 737 as amended, N.J.S.A. 39:4-98.
“In passing upon a motion for a non-suit, the evidence will not be weighed, The party against whom the motion is made is entitled to [have] all the evidence in his favor and all the legitimate inferences to be drawn therefrom treated as true; and when fair minded men may honestly differ as to the conclusion to be reached from that evidence, controverted or uncontroverted, the case must be submitted to the jury. * * * A verdict may be directed in favor of one party only when the evidence, together with the legitimate inferences to be drawn therefrom is such that no view which the jury might lawfully take of it favorable to the other party wouid be sustained.” Per-skie, J., in Dobrow v. Hertz, 125 N.J.L. 347, 348, 349, 15 A.2d 749, 750.
Reeves v. Prosser, 109 N.J.L. 485, 162 A. 729; Kuczko v. Prudential Oil Corp., 110 N.J.L. 111, 164 A. 308; Niles v. Phillips Express Co., 118 N.J.L. 455, 193 A. 183; Farley v. Kearson, 121 N.J.L. 622, 3 A.2d 591.
Podolsky v. Sautter, 102 N.J.L. 598, 133 A. 199.