Wheeler v. South Orange & Maplewood Traction Co.

*726The opinion of the court was delivered by

Hendrickson, J.

A reversal of the judgment is sought in this case on two grounds — first, for refusal of the trial court to nonsuit and to direct a verdict; second, for a refusal to charge as requested. This action arose out of the plaintiff’s injury while a passenger upon a trolley car. The evidence on the part of the plaintiff tended to' show that he was in the act of passing from the rear platform of an open car on which he was riding to the rear seat of the car; that in doing so. he had stepped upon the running-board, and before he cduld enter a…