
    MARGARET D. FITZGERALD, PLAINTIFF-RESPONDENT, v. JOHN K. GORE ET AL., DEFENDANTS-APPELLANTS, AND YELLOW CAB, INCORPORATED, DEFENDANT.
    Submitted May term, 1929
    Decided October 21, 1929.
    Before Gummere, Chief Justice, and Justices Kalisch and Campbell.
    Eor the appellants, Edward B. McGlynn.
    
    Eor the respondent, James F. X. O’Brien and Joseph Couli.
    
   Per Curiam.

The plaintiff below was a passenger in a car of the defendant, Yellow Cab, Incorporated, which came into collision with a car of the defendants Gore and Cook, and plaintiff being injured brought suit against all three defendants.

The trial of the issue resulted in a nonsuit in favor of the Yellow Cab, Incorporated, and a verdict in favor of plaintiff and against the other defendants for $800.

We are asked to reverse this judgment upon two grounds.

Eirst, because it was error to nonsuit in favor of the defendant, Yelow Cab, Incorporated.

This does not present a ground of error for reversal. Newman v. Fowler, 37 N. J. L. 89; Public Service Railway Co. v. Matteucci, 6 N. J. Adv. R. 1545.

Second, that it was error to refuse to direct a nonsuit in favor of the remaining defendants, the appellants here.

The proofs present facts and circumstances from which their negligence, causing the happening could be found, thus presenting a jury question. There was, therefore, no error in refusing to nonsuit as to them.

The judgment under review is therefore affirmed.  