Cannazzari v. Triangle Bus Co.

This is the defendant’s rule for a new trial. The plaintiff, Salvatore Cannazzari, as administrator ad prosequendum, recovered a verdict at the Essex Circuit of the Supreme Court .against the defendant for the death of Stokey Cannazzari.

Of the reasons assigned for making the rule absolute, two are argued. These are that the court erred in its charge to the jury, and that it should have submitted the question of the negligence of ’the deceased, Stokey Cannazzari, to the jury.

Neither of these reasons we think are well founded. The portion of the charge complained of is this: “The defendant was…