Smith v. North Jersey Street Railway Co.

The opinion of the court was delivered by

Fort, J.

The plaintiff, a child of eight years and six months of age, brings this suit, by her next friend, to recover for alleged injuries received upon the public highway in Jersey City by being run down by a trolley car of the defendant company.

*296The evidence showed that the child started to run across the street and ran over the tracks of the defendant company, and something frightened her and she turned back, when, as she thus turned toward the track, the car fender hit her.

She was, under the proof, in full view of the motorman.

The ear was going,…