Kopec v. Kakowski

The opinion of the court was delivered by

Haneman, J.

At the close of all evidence defendant moved for judgment upon the ground that plaintiff was guilty of contributory negligence as a matter of law. The court reserved decision and submitted the case to the jury, which returned a verdict for plaintiff in the sum of $10,000. Some days thereafter the court granted defendant’s motion. R. R. 4:51-2. On appeal, the judgment was affirmed by the Appellate Division and we granted certification, 33 N. J. 388 (1960).

At the outset we must recognize that a motion for judgment made at the close of the…