Matthews v. Derencin

Opinion by

Mr. Justice Horace Stern,

We are of opinion that in this accident case the action of the jury in finding a verdict for defendants was induced by a misleading charge on the part of the learned trial judge and that justice to plaintiff requires that he be awarded a new trial.

At about five o’clock in the afternoon of a December day plaintiff Matthews and defendant Derencin were returning to Somerset from a hunting trip in the southern portion of the county. The automobile in which they were riding belonged to Derencin and was operated by him, plaintiff being seated on the right side of…