Nascendo v. Vitolo
Nascendo v. Vitolo
Opinion of the Court
This is plaintiffs’ rule to show cause. The female plaintiffs, Lucia Nascendo and Antoinetta Pepe, were injured whilst passengers in an automobile admittedly owned and operated by the defendant Albert Vitolo. At the intersection of Center and Mulberry streets, in Newark, a collision occurred between Vitolo’s automobile and a truck of the defendant Joseph Messina, operated by one De Fusco.
Plaintiffs allege that both defendants were guilty of negligence, the defendant Yitolo by driving around to the left of a trolley car, and the truck driver in traveling at a high rate of speed and without due regard to the traffic on the highway. The trial resulted in a verdict for both defendants and plaintiffs have this rule to show cause why a new trial should not be granted.
The rule to show cause is made absolute and a new trial granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.