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LAYTON v. HEALY

12 N.J. Super. 459 (1951)

79 A.2d 894

ANNIE S. LAYTON, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF IVY J. LAYTON, DECEASED, AND ANNIE S. LAYTON, GENERAL ADMINISTRATRIX OF THE ESTATE OF IVY J. LAYTON, DECEASED, PLAINTIFF-APPELLANT, v. MARY R. HEALY, ADMINISTRATRIX OF THE ESTATE OF THOMAS F. HEALY, AND FRANKLIN BOLLER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1951.

Attorney(s) appearing for the Case

Mr. Theodore D. Parsons argued the cause for appellant (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys).

Mr. Lester C. Leonard argued the cause for respondents.

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

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

The present appeal implicates the propriety of a judgment directing an involuntary dismissal of the plaintiff's alleged cause of action at the close of the plaintiff's evidence relating to the element of liability. Rule 3:41-2.

A circumspect consideration of the transcript of the evidence introduced on behalf of the plaintiff has been pursued in the light of the following well-established rules...

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