Bergen County Traction Co. v. Demarest

The opinion of the court was delivered by

Gummere, J.

The proofs in this case disclose that on the 11th day of May, 1897, Mrs. Demarest, who was one of the plaintiffs below, was a passenger upon an open trolley car of the defendant company; that the car, upon reaching the foot *756of a hill in the village of Leonia, at a point where there was a curve in the track, left the rails, and, after running about seventy-five feet, collided with a tree, thereby throwing Mrs. Demarest from her seat and inflicting upon her the injuries for which she now sues.

On the trial of the case, in the court below, the…