Danner v. Kennedy

The opinion of the court was delivered by

Trenchard, J.

The plaintiffs below, one the driver and the other the owner of plaintiff’s automobile, recovered a verdict and judgment against both the driver and the owner of defendant’s automobile for damages sustained by the plaintiffs in a collision between such automobiles at a highway intersection, and the defendants appeal.

The defendants first say that the trial judge erred in refusing to grant a motion for nonsuit based upon the ground of the contributory negligence of the plaintiff driver.

We think not.

In passing upon a motion to nonsuit upon…