Erie Railroad v. S. J. Groves & Sons Co.

The opinion of the court was delivered by

Peeskie, J.

This appeal brings up for review a judgment in favor of the respondent, defendant below, and against the appellant, plaintiff below, which judgment was based on a jury verdict.

One phase of this suit, based on the second count thereof, was against the Liberty Surety Bond Insurance Company, a corporation of this state, as surety for respondent in the premises. It resulted in a judgment of $25,000 in favor of the appellant and against the surety; and that judgment was affirmed by this court (111 N. J. L. 100; 166 Atl. Rep. 205).

The other phase…