Legal Opinion
Timlan v. Dilworth
Supreme Court of New Jersey
Decided November 16, 1908PublishedCited by 5 opinions
On error to the Supreme Court, whose opinion is reported in 46 Vroom 100.
1Opinion of the Court
*569The opinion of the court was delivered by
Dill, J.
The writ of error in this case brings up for review a judgment upon the verdict of a jury in favor of the plaintiffs, and the principal assignment of error is based upon the refusal of the trial court to nonsuit the plaintiffs.
In cases of negligence, where the trial judge is requested to nonsuit or direct a verdict for the defendant, his duty is to determine whether any facts have been established by evidence from which negligence may be reasonably inferred. If none, there is no case to go to the jury, but if from facts established negligence…
2Cases cited5 opinions
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- New Jersey School & Church Furniture Co. v. Board of EducationSupreme Court of New Jersey · 1896
- Story v. WalkerSupreme Court of New Jersey · 1904
- Loring v. City of BostonMassachusetts Supreme Judicial Court · 1844
- Hummer v. Lehigh Valley RailroadSupreme Court of New Jersey · 1907
3Cited by5 opinions
- Ingling v. Public Service Elec. & Gas Co.New Jersey Superior Court Appellate Division · 1950
- Daniels v. BruntonNew Jersey Superior Court Appellate Division · 1950
- North British & Mercantile Ins. v. RoseCourt of Appeals for the Third Circuit · 1916
- Sutton v. Lerner Stores Corp.Supreme Court of New Jersey · 1932
- Berg v. Rapid Motor Vehicle Co.Supreme Court of New Jersey · 1910