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FERRIE v. D'ARC

31 N.J. 92 (1959)

155 A.2d 257

JEAN FERRIE AND ROBERT B. FERRIE, PLAINTIFFS-RESPONDENTS, v. MICHAEL D'ARC, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 9, 1959.

Attorney(s) appearing for the Case

Mr. Joseph M. Thuring argued the cause for plaintiffs-respondents (Messrs. Salvest & Thuring, attorneys).

Mr. Edward E. Kuebler argued the cause for defendant-appellant.

The opinion of the Court was delivered by FRANCIS, J.

The only issue presented for determination in this case is the plaintiff's contributory negligence. Defendant claims that recovery is barred on that ground as a matter of law. Plaintiff argues that a factual issue is presented by the evidence. The trial court held that the matter was for resolution by the jury. A verdict for the plaintiff was returned and the Appellate Division sustained

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