Lebavin v. Suburban Gas Co.

The opinion of the court was delivered by

Wells, J.

This is an appeal from a judgment for $6,000 entered in the Supreme Court, Essex Circuit, in favor of the plaint iff-respondent against the defendants-appellants in an action in tort for damages arising out of negligence. There was an intersection collision between a car operated by the plaintiff and a truck owned by the defendant Gas Company and operated by defendant Lurker, its employee.

The defendants assign as error the action of the trial judge in refusing to nonsuit the plaintiff and in refusing to deliver to the jury the two charges…