Overbeck v. Erie Railroad

Bodine^ J.

The defendant appeals from a judgment in favor of the plaintiff. The case was tried upon an agreed state of facts before the District Court without a jury.

It appears that on December 24th, 1934, the plaintiff was a passenger on the defendant’s railroad from Jersey City to Warren Point. He was a regular commuter and usually took the train on which ho was injured. The usual stopping time at Warren Point is just long enough to discharge passengers. The westerly end of the coach in which plaintiff was riding was opposite the west-bound platform when the train came to a stop. Sometimes,…