TAYLOR v. PUB. SERVICE INTERSTATE TRANS. CO.


13 N.J. Super. 125 (1951)

80 A.2d 220

EMILY B. TAYLOR, PLAINTIFF-RESPONDENT, v. PUBLIC SERVICE INTERSTATE TRANSPORTATION COMPANY AND CHARLES Y. SHANER, DEFENDANTS-APPELLANTS, AND JEWETT J. CAVES, DEFENDANT. MARION FISHER SHAGG AND JOHN CONRAD SHAGG, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. PUBLIC SERVICE INTERSTATE TRANSPORTATION COMPANY AND CHARLES Y. SHANER, DEFENDANTS-APPELLANTS, AND JEWETT J. CAVES, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1951.


Attorney(s) appearing for the Case

Mr. Louis F. Stein, Jr., argued the cause for appellants. (Mr. Carl T. Freggens, attorney).

Mr. Leon A. Wingate, Jr., argued the cause for respondents (Messrs. Bennett & Wingate, attorneys).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.


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

The general supervisory power of the appellate tribunal which enables it to examine the propriety of jury verdicts and the consequent judgments founded upon them is essentially remedial in character. The power is not exercised with a view of supplanting the appropriate function of the jury. It continues to be preeminently the mission of the jury to resolve the credibility of the testimony of the witnesses, to...

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