Legal Opinion
Schwanewede v. North Hudson County Railway Co.
Supreme Court of New Jersey
Decided February 24, 1902PublishedCited by 5 opinions
On certiorari to the Hoboken District Court to bring up a judgment thereof entered on a verdict against the defendant.
1Opinion of the Court
The opinion of the court was delivered by
Fort, J.
The judgment in this ease should be reversed. The plaintiff and Peter Madison were the only witnesses to *450the accident called on behalf of the plaintiff. Plaintiff said he saw the car coming when he was twenty feet from the track, and that it was then going at full speed — as far as it could. He was then asked:
“Q. After you saw the car, what did you do ?
“A. I kept on driving.”
On cross-examination, he said:
“Q-. How, when you saw this ear was going, you knew it was going very rapidly; you thought you could get over and you took the chance ?
“A. Yes.
2Cases cited2 opinions
- West Jersey Railroad v. EwanSupreme Court of New Jersey · 1893
- Earle v. Consolidated Traction Co.Supreme Court of New Jersey · 1900
3Cited by5 opinions
- Heitman v. Pacific Electric Railway Co.California Court of Appeal · 1909
- Felici v. Pennsylvania-Reading Seashore LinesNew Jersey Superior Court Appellate Division · 1964
- Higgins v. Los Angeles Railway Co.California Court of Appeal · 1907
- Michael Saporito v. Holland-America LinesCourt of Appeals for the Third Circuit · 1960
- Goodman v. Stalfort, Inc.District Court, D. New Jersey · 1976