Michael v. Southern Lumber Co.

The opinion of the court was delivered by

Trenchard, J.

On January 13 th, 1924, an automobile owned by the plaintiff below was “parked against the curb” of Tremont avenue, in Orange, New Jersey. It was struck and damaged by an automobile owned by the defendant Southern Lumber Company, and driven by the defendant Sol. J. Winnick.

At the trial of the action, brought to recover compensation for such injury, the judge, sitting without a jury, rendered-judgment against both defendants, and the lumber company alone appealed.

The first point specified for reversal is “the refusal of the trial judge to…