Chiesa v. Public Service Co-Ordinated Transport

The opinion of the court was delivered by

Perskie, J.

The single question requiring decision is whether the dismissal by the trial judge of the rule to show cause why the jury verdict in favor of defendants, in each case, should not be set aside and a new trial granted, constitutes an abuse of discretion.

On March 11th, 1939, Louis Kalstad was driving his automobile in a northerly direction along boulevard east in Weehawken, New Jersey. The boulevard was very slippery; it was covered with snow, sleet and ice. As he was approaching Fulton Street the fuel pump of his car became out of order and…