Berry v. Pennsylvania Railroad

The opinion of the court was delivered by

Parker, J.

At the trial of this cause the plaintiff was nonsuited, because at the close of his evidence the court was of opinion that contributory negligence had been proved.

The accident occurred in the forenoon of the 2d day of October, 1883, at a crossing in the city of Elizabeth. It was a rainy morning. The train which caused the injury complained of was running at a rapid rate of speed. There were numerous obstructions to the view near the track of defendant’s railroad. The foliage on the trees was at the time very dense. The crossing was a…