Devine v. Public Service Railway Co.

*245The opinion of the court was delivered by

Trenchard, J.

This appeal brings up for review a judgment upon a nonsuit directed by the trial judge at the Essex Circuit in an action for personal injuries.

We are of opinion that the nonsuit was erroneous. When granted, it was open to the jury, if they believed the evidence for the plaintiff, to find, among others, the following matters of fact: On January 21st, 1.911, about eight o’clock at night, the plaintiff was on the northwest corner of Clinton avenue and High street, Newark, and was about to cross Clinton avenue at a proper crossing place. It…