Masi v. Mestice

Plaintiff appeals from a judgment entered against him in the former Essex County Court of Common Pleas, now the Essex County Court. The action was instituted by the plaintiff to recover damages against the defendant and one Jerry Fiore; one count sounding in nuisance; the other count sounding in negligence. The defendant Fiore prevailed on a motion for nonsuit and therefore is out of the case. The jury returned a verdict in favor of the plaintiff against the remaining defendant and it is from this judgment that the appeal is taken.

It is argued before this court that the appeal should be…