Decou v. Dexheimer

• Decision Date: 07 June 1909
• Citation: 73 A. 49
• Parties: DECOU v. DEXHEIMER.
• Court: New Jersey Supreme Court

73 A. 49

DECOU

v. DEXHEIMER.

Supreme Court of New Jersey.

June 7, 1909.

Error to Court of Common Pleas, Monmouth County.

Action by George Decou against John P. Dexheimer. There was a judgment for plaintiff, and defendant brings error. Affirmed.

Argued February term, 1909, before the CHIEF JUSTICE and SWAYZE and PARKER, JJ.

Riker & Riker, for plaintiff in error.

Charles E. Cook, for defendant in error.

PER CURIAM. There was evidence justifying the inference that the plaintiff was driving in his wagon on the right-hand side of the road from Belmar to Ocean Grove, and was struck by the defendant's automobile approaching from the rear; that theroad was at the time lighted sufficiently to enable the defendant to see for 150 feet. These facts presented a question for the jury, and, as the only exception is the refusal to nonsuit, the judgment must be affirmed. The fact that the wagon carried no lights is immaterial. Even if it had been compelled to carry lights, and had failed to do so, the defendant would not have been justified in running it down.

The judgment is affirmed, with costs.