Legal Opinion

Green v. Erie Railroad

Supreme Court of New Jersey

Decided November 19, 1900PublishedCited by 1 opinion

On error to the Supreme Court. This cause was tried at' the October Term, 1897, of the Passaic Circuit before Mr. Justice Dixon and a jury, and a verdict rendered for the-plaintiff for $700.

1Opinion of the Court

*302The opinion of the court was delivered by

Vredbrburgh, J.

The exceptions sealed to the rulings of the trial justice in this cause, denying the defendant’s several motions—to nonsuit and to direct a verdict for defendant— require on this writ of error a review by this court of the case as presented to the trial court.

We think that the plaintiffs conduct in attempting to drive across the railroad tracks, under the admitted conditions then existing, should be held to have been a negligent act so clearly contributive to his injury as to bar him from recovery of damages. The case was carefully tried…

2Cited by1 opinion

  1. Di Giendemonica v. Pennsylvania-Reading Seashore LinesSupreme Court of New Jersey · 1939

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