Fielders v. North Jersey Street Railway Co.
Supreme Court of New Jersey
On error to Essex Comity Circuit Court. The plaintiff recovered a judgment, on verdict, in an action for negligence. The defendant has brought a writ of error, the assignments under which present only exceptions sealed at the trial.
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On error to Essex Comity Circuit Court. The plaintiff recovered a judgment, on verdict, in an action for negligence. The defendant has brought a writ of error, the assignments under which present only exceptions sealed at the trial. The evidence on the part of the plaintiff was as.follows: In 1894 the board of street and water commissioners of the city of Newark, among other things, ordained that in any paved street in that city, in which railway tracks were or should be laid, the operating company should repave such street between lines one foot outside its outer rails, said pavement to be…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
Exceptions were sealed,to refusals to nonsuit and to direct a verdict, but they are not cognizable, as the bills of exceptions do not state the grounds of the motions. The points discussed by the trial judge in refusing the motion to nonsuit are, however, presented by exceptions to refusal to charge certain requests, compliance with which would have compelled a verdict for the defendant. Those requests postulate that no negligence chargeable to the defendant had been proved and that it conclusively appeared that the plaintiff, by negligence,…
2Cases cited2 opinions
- In re HaynesSupreme Court of New Jersey · 1891
- Sonn v. Erie RailroadSupreme Court of New Jersey · 1901
3Cited by2 opinions
- Hayes v. Adams Express Co.Supreme Court of New Jersey · 1907
- Fielders v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1902