MELICHAREK v. HILL BUS CO.


70 N.J. Super. 150 (1961)

175 A.2d 238

JOHN MELICHAREK, PLAINTIFF-APPELLANT, v. HILL BUS COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1961.


Attorney(s) appearing for the Case

Mr. Harry C. Chashin argued the cause for appellant (Messrs. Marcus & Levy, attorneys).

Mr. Harry L. Towe argued the cause for respondent (Messrs. Towe and Gilady, attorneys).

Before Judges GOLDMANN, FOLEY and LEWIS.


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

Plaintiff, while a passenger for hire in a bus operated by defendant carrier, was struck in the right eye by a stone thrown by a teen-age boy from outside the bus. At the close of plaintiff's proofs the trial judge granted defendant's motion for a judgment of involuntary dismissal, and plaintiff appeals.

It is settled that on a motion which challenges the legal sufficiency of a case the truth of plaintiff...

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