Strutko v. Mann

The opinion of the court was delivered by

Porter, J.

This appeal is from a judgment of nonsuit entered in the Essex County Circuit Court in an automobile negligence suit. The sole question presented is the propriety of that ruling.

We think that there were factual questions raised on the appellant’s case both as to negligence and contributory negligence which required the presentation of the case to the jury on both those issues.

The well established rule is that on a motion for a nonsuit the defendant admits the truth of the plaintiff’s evidence and of every favorable inference fairly to be…