BRASS v. TODD


4 N.J. 132 (1950)

71 A.2d 891

JOSEPHINE BRASS AND IRVING BRASS, PLAINTIFFS-APPELLANTS, v. HARRY H. TODD AND LEONARD WANEX, INDIVIDUALLY AND AS CO-PARTNERS DOING BUSINESS AS H.H. TODD AND L. WANEX, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 13, 1950.


Attorney(s) appearing for the Case

Mr. Harry Chashin argued the cause for appellants (Messrs. Marcus & Levy, attorneys).

Mr. Charles C. Stalter argued the cause for respondents.


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

This is an appeal to the Appellate Division certified here. There is only one question: should the verdict of the jury for the defendants be set aside because it is contrary to the weight of the evidence?

On October 23, 1946, the defendants operated a ten-wheel truck carrying a load of seven-and-a-half tons of apples. The plaintiffs' automobile, occupied by them and their two children, was stopped on...

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