Miller v. Davis and Averill, Inc.

The opinion of the court was delivered by

Burling, J.

This is an action at law sounding in tort based upon the alleged actionable negligence of tbe defendant Davis and Averill, Inc., a corporation of the State of New Jersey. The sole ground of appeal is that the trial court directed a judgment of nonsuit against the plaintiff and in favor of the defendant, whereas the court should have denied said motion and should have submitted to the jury for decision the questions in the issue. There were two additional parties to the action — Cleveland Tramrail Electric Co. of Newark and Cleveland Tramrail…