Genovay v. Fox

Pee Cxjeiam.

In this rather unusual case the Appellate Division held that the issue of defendant’s negligence should have been submitted to the jury for determination. Consequently, it reversed the action of the trial court in granting the motion for judgment for the defendant after all of the evidence had been submitted. 50 N. J. Super. 538 (App. Div. 1958). We granted certification.

At the oral argument the parties were in agreement that the legal question to be decided is whether the evidence and the inferences therefrom are susceptible of the conclusion that during the holdup defendant…