White v. New York, Susquehanna & Western Railroad

The opinion of the court was delivered by

Hendrickson, J.

The principal question to be reviewed in this proceeding is the refusal to nonsuit upon the trial of an • action in tort for deceit in the District Court of the city of Passaic. The suit as originally brought was against the railroad company and one Kays, its station and freight agent at that city. At the close of the plaintiff’s evidence a voluntary nonsuit was submitted to as to Kays, and a motion to nonsuit on the part of the defendant company was refused. The grievance complained of was that by means of the alleged deceit practiced…