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WOSCHENKO v. C. SCHMIDT & SONS, INC.

2 N.J. 269 (1949)

66 A.2d 159

JOHN WOSCHENKO, PLAINTIFF-RESPONDENT, v. C. SCHMIDT & SONS, INCORPORATED, A FOREIGN CORPORATION, DEFENDANT-APPELLANT; MICHAEL BUGLIO, INDIVIDUALLY AND TRADING AS IMPERIAL DISTRIBUTING COMPANY, AND SILVIO VENTURI, ALSO KNOWN AS VITO SILVIO, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 16, 1949.

Attorney(s) appearing for the Case

Mr. Herbert Horn (Messrs. Lloyd & Horn, attorneys) argued the cause for the appellant C. Schmidt & Sons, Inc.

Mr. Samuel P. Orlando argued the cause for the appellants Michael Buglio and Silvio Venturi.

Mr. Robert G. Howell (Messrs. Stanger & Howell, attorneys) argued the cause for the respondent.

The opinion of the court was delivered by OLIPHANT, J.

This appeal brings before us for review a judgment rendered by a jury at the Cumberland Circuit of the former Supreme Court awarding damages in a negligence case against both defendants.

The essential question presented is whether, assuming negligence on the part of both defendants, the proofs were sufficient to present a jury question as to whether the negligence of either or both was a proximate cause...

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