O'NEILL v. Vreeland

The- opinion of tlie court was delivered by

Vanderbilt, C. J.

This is an appeal from a judgment of the Law Division of the Superior Court granting the defendant Vreeland’s motion for a dismissal made after the plaintiff’s opening to the jury. The appeal, taken to the Appellate Division of the Superior Court, has been certified here on our own motion.

The plaintiff’s opening to the jury, which incorporated the pleadings by reference, included among other allegations the following: Eor many years the plaintiff had been engaged in the business of setting up, repairing and servicing…