Puorro v. Salerno

The opinion of the court was delivered by

Trenchard, J.

The sole contention of the defendant-appellant is that the plaintiff’s judgment should be reversed because the trial judge denied a motion to nonsuit based upon the ground of contributory negligence.

We think the judge was right.

Of course on defendant’s motion to nonsuit the judge was bound to take as true the plaintiff’s evidence. Andre v. Mertens, 88 N. J. L. 626. That evidence tended to show the following matters of fact:

On Sunday, December 15th, 1929, at ten-fifteen A. m., the plaintiff, Joseph Puorro, about fifty-seven years old, was…