Joyce v. West Jersey & Seashore Railroad

The opinion of the court ivas delivered by

Vredenburgh, J.

This is an action for damages resulting to the plaintiff from a collision with defendant’s ears at a road crossing.

The trial judge at the close of the evidence in this case, upon the motion of defendant for the direction of a verdict in its favor (urged upon the ground that the proofs had shown the plaintiff to have been guilty of contributory negligence), directed such verdict and to this ruling error has been assigned.

In deciding the motion the learned judge said he was unable to distinguish the case from the Righter case…