State v. Weiner

The opinion of the court was delivered by

Katzenbach, J.

On February 24th, 1924, Harry Weiner was operating a jitney bus from the terminal of the Hudson tubes in Newark to the town of Irvington. The terminus of the route in Irvington was at Boyden and Fortieth streets. Fortieth street is in the suburbs of Irvington. It is a paved street. Upon it the traffic is light. The houses are few in number. On the easterly side of the street is an improved sidewalk. About six-fifteen p. m. on the day mentioned Weiner was driving his bus southwardly on Fortieth street. At the same time one James Kellett,…