Trump v. Ballinger

HYDE, Presiding Judge.

Action for $30,000 damages for personal injuries. Defendant had a jury verdict, but the trial court granted a new trial on the ground of error in instructions; and defendant has appealed. It is not contended that plaintiff failed to make a jury case so it is unnecessary to make a complete detailed statement of the facts.

Plaintiff was injured when the car in which he was riding, owned and driven by defendant, ran off the road and overturned. Plaintiff and Eddie Nichols rode with defendant from Trenton to Princeton. On the way back, about 10:30 P.M., with all of them in…