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HOLLOWAY v. DE CRESCENZO

8 N.J. Super. 24 (1950)

73 A.2d 205

EDNA HOLLOWAY, AN INFANT BY HER NEXT FRIEND, EDWARD HOLLOWAY, AND EDWARD HOLLOWAY AND EDNA HOLLOWAY, INDIVIDUALY, PLAINTIFFS-RESPONDENTS, v. LUCIA DE CRESCENZO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1950.

Attorney(s) appearing for the Case

Mr. Charles A. Rooney argued the cause for appellant.

Respondent did not argue.

Before Judges McGEEHAN, COLIE and EASTWOOD.

The opinion of the court was delivered by McGEEHAN, S.J.A.D.

At the close of the plaintiffs' case, tried on December 7, 1949, in the Hudson County Court before a jury, the defendant moved for judgment in her favor on the ground "that there has been no proof in this case that any negligence of the defendant was the proximate cause of the injury claimed to have been sustained by the infant plaintiff." No other motion was made. After argument, the court determined "that...

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