Bodine v. the Goerke Co.

The opinion of the court was delivered by

Black, J.

The only question involved on the appeal of this case is whether negligence may be reasonably inferred from the testimony? If none there is no case to go to a jury. That is the test, which has been stated, approved and applied in many cases. Metropolitan Railway Co. v. Jackson, 3 App. Cas. (L. R.) 197; Newark Passenger Railway Co. v. Block, 55 N. J. L. 607; Donus v. Public Service Railway Co., post, p. 644. The trial judge submitted the case to the jury, resulting in verdicts for the plaintiffs, husband and wife.

This is the meritorious…