Vandegrift v. Rediker
Supreme Court of New Jersey
This was an action bf trespass, brought, before a justice of the peace of the county of Burlington, against the plaintiff in ceitiorari (who was defendant below), an engineer in the employ of the Camden and Amboy Railroad Company. The action was brought against him for killing the cow of the plaintiff below, by running against her with a locomotive, then in charge of the defendant.
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This was an action bf trespass, brought, before a justice of the peace of the county of Burlington, against the plaintiff in ceitiorari (who was defendant below), an engineer in the employ of the Camden and Amboy Railroad Company. The action was brought against him for killing the cow of the plaintiff below, by running against her with a locomotive, then in charge of the defendant. The justice gave judgment for the plaintiff below, and the defendant appealed to the Court of Common Pleas. On the appeal the judgment was affirmed by consent, a state of the case being agreed upon, in order that,…
1Opinion of the CourtCarpenter, J.
When the act charged as a trespass was committed, whether that act was accidental or otherwise, the defendant, an engineer having charge of a locomotive, was engaged in the regular performance of his duty. This duty was a lawful one, and the company in running the engine on its railroad was clearly within the powers granted by its charter. The road had been built, and engines and cars placed thereon, for the purpose of transporting passengers and merchandise by means of steam power, in exact conformity with *188the object of the act of incorporation. Turnpike Co. v. Camden and Amboy Railroad Co.,…
2Cases cited3 opinions
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- Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842
3Cited by6 opinions
- Renz v. Penn Central Corp.Supreme Court of New Jersey · 1981
- Tabor v. O'GRADYNew Jersey Superior Court Appellate Division · 1960
- Cole v. Pennsylvania Railroad CompanyNew Jersey Superior Court Appellate Division · 1949
- Fluehr v. City of Cape MaySupreme Court of New Jersey · 1999
- Fluehr v. City of Cape MaySupreme Court of New Jersey · 1999
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