Dudley v. Victor Lynn Lines, Inc.

The opinion of the court was delivered by

Schettino, J. A. D.

Plaintiff appeals from a judgment of involuntary dismissal granted by the Law Division upon the conclusion of plaintiff’s case on the ground, apparently, that there was insufficient proof of negligence on the part of the defendant which proximately caused the plaintiff’s decedent’s death. The motion on the alternative ground that the plaintiff’s exclusive remedy was under the New Jersey Workmen’s Compensation Act (N. J. S. A. 34:15-1 ei seq.) was denied. This is a tort action arising out of the alleged wrongful death of decedent, an…