Smith v. James J. McFeely, Inc.

This appeal is from a judgment recovered in the Hudson County Court of Common Pleas by the plaintiffs.

There is only one point involved in the appeal and that is that the trial court denied defendant’s motion for nonsuit and for direction of verdict. These motions were based upon the proposition that the evidence in the plaintiffs’ ease failed to justify an inference of negligence on the part of the defendant.

It appears that one of the defendant’s trucks broke down on Willow avenue, in the city of Hoboken, New Jersey, the left rear wheel having collapsed. The steel rim was taken off the…