Daly v. Bant

MR. PRESIDING JUSTICE DAVIS

delivered the opinion of the court.

This case presents the ever-troublesome issue of the circumstances under which the trial judge may properly determine that the evidence presents no factual question for the jury’s consideration, and that the verdict should be directed.

At about 7 p. m., on July 29, 1967, Donna C. Daly, 15 years of age, was a passenger in a Ford automobile, presumably driven in a westerly direction on Three Oaks Road by William Cunningham. Their destination at the time was the New Place Teen Club on Route 31.

At the time and place in question, the…