...defendant's automobile coming from the north, which gave no signal or warning of its approach — Held, that the question of the negligence of the defendant and the contributory negligence of the plaintiff was for the jury. On appeal from the Essex Circuit. For the appellant, Peirce & Hoover. For the respondent,...

...proceeding from behind, without signal or other indication of its approach — Held, that the question as to the negligence of the defendant and the contributory negligence of the plaintiff was for the jury, and that a nonsuit wns error. On appeal from the Bergen County Circuit Court. For...

...verdict should have been directed in favor of the defendant. We are of the opinion upon this record that the question of the negligence of the defendant and the contributory negligence of the plaintiff's decedent were questions of fact for the jury. Upon the new trial the evidence as to what...

...plaintiff was guilty of contributory negligence and could not recover. This was refused, and the questions of the negligence of the defendant, and the contributory negligence of the plaintiff were submitted to the jury. There was a motion for a new trial based upon several grounds, among which was...

...questions which were also proper to submit to the jury. Upon a review of this record we are satisfied that the negligence of the defendant and the contributory negligence of the plaintiff were questions which should have been submitted to the jury with proper instructions. The judgment is therefore...

...defendant and the negligence of the plaintiff concurred to produce the accident. And if you find that the negligence of the defendant and the contributory negligence of the plaintiff both concurred in producing the accident, then you are to determine from the proofs whether the contributory...

...plaintiff stepped in and fell. The case was submitted to the jury under the usual instructions as to the negligence of the defendant and the contributory negligence of the plaintiff. The jury rendered a verdict for the defendant. Ervin Palmer and George Gartner, for appellant. Dickinson,...

...conconcurred. TORRANCE, J., (dissenting.) The trial court, after having found certain facts bearing upon the question of the negligence of the defendant and the contributory negligence of the deceased, expressly finds that the deceased was not guilty of contributory negligence, and that the...

...the horses, or by the horses becoming unmanageable, there is a question of fact to go to a jury on the question of the negligence of the defendant and the contributory negligence of the plaintiff.3 So, where a crowded passenger car was hailed and stopped for a passenger to get on; and...

...question was properly submitted to the jury. The view we have taken of the effect of the evidence upon the question of the negligence of the defendant, and the contributory negligence of the plaintiff or her son, shows that the court did not commit any error in refusing to nonsuit the plaintiff, nor...