Sheets v. Connolly Street Railway, &c., Co.
Supreme Court of New Jersey
This action was in tort for the recovery of damages for an injury received by plaintiff, by being knocked down by the-horses attacked to a street car of defendants, whereby one of plaintiff’s arms was seriously bruised and lacerated. The verdict was for the. plaintiff and awarded her $2,500 damages.
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This action was in tort for the recovery of damages for an injury received by plaintiff, by being knocked down by the-horses attacked to a street car of defendants, whereby one of plaintiff’s arms was seriously bruised and lacerated. The verdict was for the. plaintiff and awarded her $2,500 damages. A rule to show cause why the verdict should not be set aside and a new trial granted was thereupon allowed, and was brought to hearing before the branch court by consent of counsel. Argued at November Term, 1891, before Justices Scudder and Magie.
1Opinion of the Court
*519The opinion of the court was delivered by
Magie, J.
The case exhibits no evidence of negligence on the part of defendant, either in the selection of the driver or the use of the horses employed at the time of the occurrence in question.
If the defendant was shown to be liable at all, it must have been in respect to some negligence of the driver at that time.
On this subject there was much conflict of testimony and, while I think it indicates that the occurrence was a mere accident, I am not willing to disturb the verdict of the jury on that account.
But with respect to the claim that plaintiff was…
2Cited by10 opinions
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Baltimore Traction Co. v. HelmsCourt of Appeals of Maryland · 1897
- Smith v. City Railway Co.Oregon Supreme Court · 1896
- Mahnken v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1898
- North Hudson County Railway Co. v. FlanaganSupreme Court of New Jersey · 1895
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