De Rose v. Delaware, Lackawanna & Western Railroad

We are of the opinion that the grounds of appeal as presented on this appeal were involved in a rule for new trial allowed in the Supreme Court and disposed of there. 9 N. J. Mis. R. 183.

The grounds of appeal are that the trial court refused to direct a nonsuit for the reasons (1) that the accident, if it occurred by the deceased coming in contact with train No. 66, was caused by the sole negligence of plaintiff’s decedent and therefore his negligence was the proximate cause of the accident; (2) that no negligence had been shown on the part of the railroad; (3) that plaintiff’s decedent…