Mason v. Erie Railroad
Supreme Court of New Jersey
On error to the Supreme Court. The defendant in error recovered a verdict for personal injuries sustained by him near the station known as “Eiver Street,” in the city of Paterson, at about six o’clock in the evening of January 16th, 1906. He had been a passenger on the train of the defendant from Jersey City to Eiver street. The station building at Eiver street is on the right-hand or easterly side of the northbound track.
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On error to the Supreme Court. The defendant in error recovered a verdict for personal injuries sustained by him near the station known as “Eiver Street,” in the city of Paterson, at about six o’clock in the evening of January 16th, 1906. He had been a passenger on the train of the defendant from Jersey City to Eiver street. The station building at Eiver street is on the right-hand or easterly side of the northbound track. Eiver street crosses the railroad tracks at an angle, the station building being-located to the north of the street and’ to the east of the tracks, a short distance from…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The instruction exhibited by the first of the • foregoing exceptions was erroneous in that it incorrectly stated that the duty of the plaintiff in error was to provide a reasonably safe place for its passengers to alight from its trains, whereby the jury was permitted to determine whether reasonable care had been exercised by the plaintiff in error not from the qualities of its conduct in that respect, but solely by the jury’s opinion as to the results of that conduct. The duty of the railroad company was, it is perhaps needless to say,…
2Cases cited3 opinions
- Bartow v. Erie RailroadSupreme Court of New Jersey · 1905
- Dotson v. Erie RailroadSupreme Court of New Jersey · 1903
- Foley v. Brunswick Traction Co.Supreme Court of New Jersey · 1901
3Cited by3 opinions
- Quemos Theatre Co. v. Warner Bros. Pictures, Inc.District Court, D. New Jersey · 1940
- Fidelity & Deposit Co. v. Lehigh Valley R.Court of Appeals for the Third Circuit · 1921
- Snell v. Coast Cities CoachesNew Jersey Superior Court Appellate Division · 1951