Fitzhenry v. Consolidated Traction Co.
Supreme Court of New Jersey
On error to the Supreme Court. Tried at the April Term, 1899, of the Hudson Circuit •Court, before Mr. Justice Lippincott and a jury, and a non-suit ordered.
1Opinion of the Court
The opinion of the court was delivered by
Hendrickson, J.
In this case a nonsuit was granted at -the close of the plaintiff’s evidence. The principal ground for this ruling, as stated by the learned trial judge, was the failure to show negligence on the part of the defendant company. The question of contributory negligence, though argued, was not directly passed upon in the ruling.
The facts were that on Sunday evening, May 2d, 1897, shortly after seven in the evening, and while it was yet light, the plaintiff, a girl of nine years of age, was in the act of •crossing Newark avenue, Jersey City,…
2Cases cited5 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Consolidated Traction Co. v. ScottSupreme Court of New Jersey · 1896
- North Hudson County Railway Co. v. FlanaganSupreme Court of New Jersey · 1895
- Brady v. Consolidated Traction Co.Supreme Court of New Jersey · 1899
3Cited by5 opinions
- Gentile v. Pub. Service Coordinated TransportNew Jersey Superior Court Appellate Division · 1951
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
- Downey v. Baton Rouge Electric & Gas Co.Supreme Court of Louisiana · 1908
- Smith v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1906
- Gilliland v. Middlesex & Somerset Traction Co.Supreme Court of New Jersey · 1902