Taylor v. Firemen's Insurance Co. of Newark

HARDY, Judge.

This is an action ex delicto and defendant has appealed from judgment in favor of plaintiff in the principal sum of $1,870.-00. Plaintiff has answered the appeal, praying for an increase in the amount of the award.

The issues presented herein are purely factual for there can be no dispute as to the legal principles urged by counsel for defendant, namely, that negli*783gence is never presumed; must be established with reasonable certainty by a preponderance of the evidence, and contributory negligence, however slight, which is causally connected with the accident is sufficient to bar…