Luby v. Morris County Traction Co.

The opinion o£ the court was delivered by

Trenchard, J.

This suit was brought by the owner of a wagon and a team of horses to recover damages sustained by *256their being struck by a street railway car operated by the defendant company.

The trial in the District Court resulted in a verdict for the defendant. This appeal brings up for review the judgment entered thereon.

At the trial the plaintiff contended, and his evidence tended to show, that his team was being driven along Speedwell avenue, in Morristown, along and upon the street railway track, and that, while in that position, and without…