Matthews v. Delaware, Lackawanna & Western Railroad
Supreme Court of New Jersey
Case certified. Matthews, the plaintiff, brought an action of tort in the Essex Circuit against the defendants to recover damages for an injury received in a collision between a locomotive of the railroad company and a car (in which he was a passenger) of the railway company. • There was a verdict in favor of the railway company and against the railroad company. The railroad company obtained a rule to show cause why the verdict against it should not be set aside.
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Case certified. Matthews, the plaintiff, brought an action of tort in the Essex Circuit against the defendants to recover damages for an injury received in a collision between a locomotive of the railroad company and a car (in which he was a passenger) of the railway company. • There was a verdict in favor of the railway company and against the railroad company. The railroad company obtained a rule to show cause why the verdict against it should not be set aside. Plaintiff obtained a rule to show cause why the verdict in favor of the railway company should not be set aside. The rules were…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
Counsel for the railroad company first urges that the verdict finding it to have been negligent was not supported by evidence or was contrary to the weight of evidence.
It is unnecessary to review in detail the case. The discussion of counsel was thorough and exhaustive, and much consideration has been given to the evidence. The .conclusion reached is that there was evidence of the neglect of the railroad company to give due notice of the approach of its train sufficient to go to the jury, and although there was much opposing evidence, it did…
2Cases cited4 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Cuddy v. HornMichigan Supreme Court · 1881
3Cited by35 opinions
- Kelly v. GwinnellSupreme Court of New Jersey · 1984
- Ballinger v. . ThomasSupreme Court of North Carolina · 1928
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Taylor v. Celotex Corp.Supreme Court of Pennsylvania · 1990
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
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