Wright v. Bernstein

Jacobs, J., joined by Burling, J.

(dissenting). Our courts may no longer view judicial trials simply as contests to be played strictly according to rules and they may no longer direct new trials for harmless procedural violations. In civil cases they are now governed by the modern concept embodied in R. R. 1:5-3 (6) which unequivocally provides that a new trial may not be granted unless denial of the application therefor “appears to the court to be inconsistent with substantial justice.” However, as Meszaros v. Gransamer, 23 N. J. 179 (1957), points out and as the result reached by the…