Scarano v. Lindale
| Decision Date | 13 January 1939 |
| Docket Number | No. 39.,39. |
| Parties | SCARANO et al. v. LINDALE et al. |
| Court | New Jersey Supreme Court |
Syllabus by the Court.
1. In passing upon motions to non-suit or direct a verdict, the evidence will not be weighed. All the proofs which support the claim of the party against whom the motions are made must be accepted as true and he is entitled to the benefit of all legitimate inferences which may be drawn therefrom.
2. Where fair-minded men might honestly differ as to the conclusions to be drawn from the proofs, the questions at issue should be submitted to the jury.
Appeal from Supreme Court, Mercer Circuit.
Action by Nicholas Scarano, Jr., and others, against Howard Lindale and the Victor Lynn Transportation Company, for personal injuries. From an adverse judgment, the Victor Lynn Transportation Company appeals.
Judgment affirmed.
Ralph N. Kellam, of Camden, for appellant.
Meyer M. Semel, of Newark, and Andrew J. Duch, of Trenton, for respondents.
CAMPBELL, Chancellor.
This is an appeal, by the Victor Lynn Transportation Company, from a judgment against it and Howard Lindale, in favor of the respondents, resulting from a trial and verdict in an action in the Supreme Court tried at the Mercer County Circuit.
The defendant below, Howard Lindale, was operating a tractor-trailer in the City of Trenton at the time of the occurrence complained of and it is contended that his negligence was the proximate cause of the happening bringing injury to the respondents.
There are only two grounds of appeal calling for, and requiring, the attention of this court; they are error in refusing to non-suit and direct a verdict in favor of the appellant. The entire question involved is whether or not the proofs were such that the trial court could rule, as a matter of law, that Howard Lindale, the operator of the tractor-trailer, was not at the time of the happening the servant of the appellant but was an independent contractor.
We are not impressed by the argument of the appellant but on the contrary conclude that it would have been error on the part of the learned trial judge to have directed a non-suit or a verdict in favor of the appellant. In passing upon such motions the evidence will not be weighed. All the proofs which support the claim of the party against whom the motions are made must be accepted as true and he is entitled to the benefit of all legitimate inferences which...
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Krauth v. Geller
...as to the conclusions to be drawn from the proofs, the questions at issue should be submitted to the jury.' Scarano v. Lindale, 121 N.J.L. 549, 550, 3 A.2d 633 (E. & A.1938).' Under these principles a jury could have found (a) that appellant was negligent in allowing the salamander to remai......
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Szczytko v. Public Service Coordinated Transport
...Fine & Jackson, etc., Corp. v. Lehigh Valley R.R. Co., 110 N.J.L. 385, at page 387, 166 A. 184 (E. & A. 1933); Scarano v. Lindale, 121 N.J.L. 549, 3 A.2d 633 (E. & A. 1939); McKinney v. Public Service, etc., 4 N.J. 229, at page 243, 72 A.2d 326 (2) The fact that plaintiff Henry Szczytko was......
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Gentile v. Public Service Coordinated Transport, A--729
...inferences which may logically and legitimately be drawn therefrom in his favor. Such continues to be the rule. Scarano v. Lindale, 121 N.J.L. 549, 3 A.2d 633 (E. & A.1939); McKinney v. Public Service Interstate Transp. Co., 4 N.J. 229, 243, 72 A.2d 326 4. To justify adismissal or judgment ......
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De Rienzo v. Morristown Airport Corp.
...as to the conclusions to be drawn from the proofs, the questions at issue should be submitted to the jury.' Scarano v. Lindale, 121 N.J.L. 549, 550, 3 A.2d 633 (E. & A.1938). See also O'Donnell v. Asplundh Tree Expert Co., 13 N.J. 319, 99 A.2d 577 (1953); Antonio v. Edwards, 5 N.J. 48, 74 A......