Denzer v. D., L. W.R.R. Co.

The infant plaintiff, a child of six years of age, was injured by being struck by an automobile driven by one McHugh, at the Greenwood avenue underpass beneath the tracks of the defendant company in East Orange. She brought suit against the company alleging improper maintenance of the underpass in such manner as to create a dangerous trap on a public highway; in view of what occurred at the trial the precise allegations of the complaint are immaterial. The trial court directed a nonsuit, and this judicial action is one of the grounds of appeal; the other two are refusal to strike out a…