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DUFFY v. CRATSLEY

29 N.J. Super. 141 (1953)

102 A.2d 63

PHILIP DUFFY, PLAINTIFF-APPELLANT, v. D. RAYMOND CRATSLEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 1953.

Attorney(s) appearing for the Case

Mr. Bernard Shurkin argued the cause for plaintiff-appellant (Messrs. Sanderson & Engel, attorneys).

Mr. Merritt Lane, Jr., argued the cause for defendant-respondent (Messrs. McCarter, English & Studer, attorneys).

Before Judges CLAPP, GOLDMANN and EWART.

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

Plaintiff, while riding a bicycle, was struck by an automobile operated by defendant. At the close of plaintiff's case, the court dismissed the action, stating all that had been proved was an accident. Plaintiff appeals.

On a motion to dismiss we may properly concern ourselves only with those inferences, fairly deducible from the evidence, which favor...

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