Murray v. Paterson Railway Co.
Supreme Court of New Jersey
On rule to show cause. This case is presented to this court by the following certificate: Passaic Circuit Court. The Paterson Railway Company ads. Robert Murray. In tort.
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On rule to show cause. This case is presented to this court by the following certificate: Passaic Circuit Court. The Paterson Railway Company ads. Robert Murray. In tort. A rule to show cause why a new trial should not be granted having been made in the above-stated cause, and it appearing that thé defendant has filed reasons for granting a new trial, and that the case is one of difficulty and doubt: I, Gilbert Collins, judge of the said Passaic Circuit Court, do hereby certify that the printed book is the case made and stated in this cause, and I hereby certify the same to be argued at the…
1Opinion of the Court
*304The opinion of the court was delivered by
Mague, Chief Justice.
The first four questions submitted for an advisory opinion may be considered together.
It appears from the evidence contained in the stated case, that when his injury was received plaintiff was crossing a public street diagonally and not at a street crossing; that a trolley car of defendant was traveling on its track upon that street, towards plaintiff; that the car was crowded with passengers and that no power was being applied, but the car was running upon a down grade, but not a steep grade.
There was also evidence from which it…
2Cases cited2 opinions
- Destefano v. CalandrielloSupreme Court of New Jersey · 1895
- Delaware, Lackawanna & Western Railroad v. NevelleSupreme Court of New Jersey · 1889
3Cited by4 opinions
- Shepard & Morse Lumber Co. v. BurroughsSupreme Court of New Jersey · 1898
- Holler v. RossSupreme Court of New Jersey · 1901
- Merkl v. Jersey City, Hoboken & Paterson Street Railway Co.Supreme Court of New Jersey · 1907
- Denver City Tramway Co. v. BrownSupreme Court of Colorado · 1914