McAndrew v. Mularchuk

The opinion of the court was delivered by

Schettino, J.

This appeal is from an order of the trial court granting a motion striking compensatory damages as an issue in a new trial which was directed by our former opinion in this cause. 33 N. J. 172 (1960). Defendant’s motion was based upon the theory that at the original trial the jury had ascertained by its verdict the amount of compensatory damages regardless of who caused the injury and that plaintiffs, having once tried this issue, could not retry it before another jury.

A short summary of the litigation leading up to this appeal is as…