Diele v. Erie Railroad

The opinion of the court was delivered by

Swayze, J.

The onty question of law involved in this case is whether the court should have directed a nonsuit.

The action was brought to recover for injuries to a horse and wagon of the plaintiff, which were injured by a collision with a locomotive engine of the defendant company at a point in Hoboken, where1 Ravine road crosses the railroad tracks. At this point there are five tracks — two of the West Shore railroad, two’ of the Weehawken branch of the Erie railroad and one a switch of the West Shore railroad. The *139plaintiff’s horse was driven at the…