Cleaves v. Yeskel

The opinion of the court was delivered by

Minturn, J.

Upon the opening statement of plaintiff’s counsel, outlining in general terms the plaintiff’s cause of action, the learned trial court, ex mere motu, directed a non-suit, and from that determination this appeal was taken.

The plaintiff’s decedent was killed by being run over by the defendants automobile, driven by its servant, in the yard of the BaJback Smelting and Refining Company, in Newark. The dceased was associate superintendent of the lead department of the Balback company, and as such was in charge of the yard of the company, which…