Garton v. Public Service Electric & Gas Co.

The opinion of the court was delivered by

WolfsKeil, J.

This is an appeal from a judgment entered for the defendant after a jury had found in its favor. All of the grounds of appeal relate to exceptions taken to the court’s charge. The first is that the court charged the jury on the question of contributory negligence when there was no proof of any facts from which it could be inferred. The second is that there was error in the charge on the assumption of risk,- and the third is to the charge of the doctrine of res ipsa loquitur. It is on these exceptions that the plaintiff bases his appeal.

The…