Tiernan v. B. & S. Motor Service, Inc.

This is an appeal by the defendant-appellant from a judgment of the Essex County Court of Common Pleas entered upon a jury verdict in favor of the plaintiffs and against the defendant.

Pive points are presented in the appellant’s brief, the first four of which are grounded in the refusal of the trial court to charge certain requests.- The request discussed under the first point contains this sentence: “When the plaintiffs’ evidence is equally consistent with the absence as with the existence of negligence on the part of the defendant, plaintiff must fail.” That is a misstatement of the law, as…