Fury v. New York & Long Branch Railroad

The opinion of the court was delivered by

Perskie, J.

As presently supplemented, the judgment under review should be affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Heher for the Supreme Court.

1. We have not overlooked our holding in the case of Bryn v. Central Railroad Company of New Jersey, 114 N. J. L. 534; 177 Atl. Rep. 857; affirmed, 115 N. J. L. 508; 180 Atl. Rep. 874. That case is dearly distinguishable on the facts. In that case deceased employee “chose a dangerous route” when there was a “perfectly safe way by which he could have reached his home.” He was…