New Jersey Fidelity & Plate Glass Insurance v. Lehigh Valley Railroad

The opinion of the court was delivered by

Kalisch, J.

Stripped of all technical matters which do not appear to affect materially the merits of the case, the main legal questions raised by the appellant concern the application of the ordinary legal rules pertaining to cases of negligence of the kind, as here. The contention of appellant’s counsel, is, that the trial judge erred, in failing to properly apply these legal rules, in denjdng appellant’s motion for a nonsuit, and for a direction of a verdict in its favor and in his charge to the jury.

The respondent, plaintiff in the court below,…