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HERMAN HENGGLER v. MORRIS COHN

New Jersey Supreme Court1902-06-09
68 N.J.L. 240

Authorities cited

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Opinion

majority opinion

Per Curiam.

The nonsuit in this case was properly directed. The cause of the accident was the breaking of a hinge which connected two parts of a ladder together. Assuming the fact to be, as plaintiff contended, that the hinge was unsafe, and the ladder dangerous -on this account, this condition would have been perfectly obvious to the plaintiff upon inspection, unless it was due to a latent defect, which the master himself could not have ascertained by an inspection on his part.

We do not think that the evidence taken subsequent to the trial, upon rule,, is newly-discovered evidence within the meaning of that term. We have, however, examined it, and do not think it would justify the direction of a new trial.-

The rule to show cause is discharged.