Meelhein v. Public Service Co-Ordinated Transport

The opinion of the court was delivered by

Walkek, J.

This case was tried before the Middlesex Circuit of the Supreme Court, and at the close of the plaintiffs’ case a nonsuit was entered on motion of the defendant, and the correctness of said ruling is the subject of this appeal.

The plaintiffs, at the trial below, had the burden of the affirmative (Bien v. Unger et al., 64 N. J. L. 596; McGilvery v. Newark Electric Light and Power, 63 Id. 591), and they had to establish facts from which the alleged negligence of the defendant may be reasonably inferred. Alvina v. Public Service Railway Co., 97…