Zeliff v. North Jersey Street Railway Co.

The opinion of the court was delivered by

Pitney, J.

Plaintiff was a passenger upon a street- car, operated by defendant company, and alleged that, while the *542car was proceeding rapidly, the motorman negligently permitted it to come into collision with a wagon loaded with empty barrels. Ii'is insistment was that the' barrels overhung the side of the wagon, and that, in the collision, the barrels grazed the side of the car; that he was sitting with his elbow resting upon -the frame of one of the windows of the car, the window being open; that one of the barrels was crowded into ihe open space of…