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NAPLES v. McCANN

24 N.J. Super. 568 (1953)

95 A.2d 158

FANNIE NAPLES TRADING AS NAPLES EXCAVATING COMPANY, PLAINTIFF-APPELLANT, v. HARRY McCANN, DEFENDANT, AND POIRIER & McLANE CORPORATION, A NEW YORK CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1953.

Attorney(s) appearing for the Case

Mr. Samuel S. Black argued the cause for the plaintiff-appellant (Mr. Seymour R. Black, on the brief).

Mr. George G. Tennant, Jr., argued the cause for the defendant-respondent.

Before Judges EASTWOOD, BIGELOW and JAYNE.

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

At the conclusion of the trial of the entire case, the Law Division entered a judgment of involuntary dismissal in favor of the defendant Poirier and McLane Corporation, and against the plaintiff Fannie Naples, trading as Naples Excavating Company (hereinafter referred to as "Naples"), with prejudice and without costs. A verdict of $5,000 damages was returned by the jury in favor of the plaintiff against...

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