Dunham v. Public Service Corp.

The opinion of the court was delivered by

Minturn, J.

A demurrer is interposed to the first count of the declaration which alleges that the defendant company, having accepted the plaintiff as a passenger for hire, upon one of its cars in the city of Plainfield, “carelessly and negligently suffered and permitted said car, its exits and running-board, to be greatly crowded with passengers, whereby and by reason of said crowding, and while the said plaintiff was preparing to alight from said ear, he was thrown” and injured, and the question is thus presented, whether this allegation presents a…