Logan v. Township of N. Brunswick

In Logan v. Township of N. Brunswick, 129 N.J. Super. 105, 108, 322 A.2d (App.Div.)467, certif. denied, 66 N.J. 328, 331 A.2d 28 (1974), the judge entered judgment for defendant township after the jury found the township negligent, but plaintiff contributorily negligent. On post-trial motions, the judge ruled that the issue of contributory negligence, had been wrongly submitted to the jury and thus entered judgment in favor of plaintiff n.o.v. In Logan, under the law prior to comparative negligence, the Court held that judgment n.o.v. was properly entered even though plaintiff had made no motion for judgment during trial because plaintiff had made the equivalent of a motion for judgment by moving to strike the defense of contributory negligence. Id. at 109, 322 A.2d 467.