Kelly v. Bergen County Gas Co.

The opinion of the court was delivered by

Magie, Chancellor.

Upon the opening of the counsel for the plaintiff in the trial of the issue in this cause the learned trial justice directed a nonsuit. Thereafter, judgment for the defendant was entered and this writ of error was taken. The error assigned was the granting of the non-suit.

A motion for a nonsuit upon the opening of counsel is not frequently resorted to. In dealing with it, it is obvious that the rule which is applied to a motion for a nonsuit at the close of plaintiff’s evidence is the one which should be applied. In both eases, the…