Breese v. Trenton Horse Railroad

The opinion of the court was delivered by

Beasley, Chief Justice.

There are six counts in this declaration, five of which are demurred to.

We think the second and fourth counts are plainly bad. The following facts constitute the gravamen of each, viz.: That the plaintiff “ was on ” one of the street cars of the defendant, *251“ and thereupon,” in the language of the pleader, “ it became and was the duty of the said defendant to guard, proteat and secure the said Edward Yard Breese in dismounting, descending, getting down and removing himself from the said car ; yet the said defendant, not regarding…