Legal Opinion

Faul v. North Jersey Street Railway Co.

Supreme Court of New Jersey

Decided November 14, 1904PublishedCited by 5 opinions

On error to the Essex Circuit Court. This case was tried before Judge Adams and a jury, and judgment rendered for the plaintiff below.

1Opinion of the Court

The opinion of the court was delivered b}r

Yredenburgh, J.

The refusal of the trial court, at the close of the evidence, upon the defendant’s motion, to direct a verdict in its favor on the ground that no negligence imputable to it had been shown, brings, under exception, the whole record of the case here in review. Unless from the established facts such negligence might reasonably and legitimately be inferred by the jury, such a direction was the right of the defendant. It is certainly clear law that the mere fact of a passenger’s fall while standing on the platform of a street car raises, in…

2Cases cited5 opinions

  1. Consolidated Traction Co. v. ThalheimerSupreme Court of New Jersey · 1896
  2. Whalen v. Consolidated Traction Co.Supreme Court of New Jersey · 1898
  3. Burr v. Pennsylvania RailroadSupreme Court of New Jersey · 1899
  4. Paynter v. Bridgeton & Millville Traction Co.Supreme Court of New Jersey · 1902
  5. Corkhill v. Camden & Suburban Railway Co.Supreme Court of New Jersey · 1903

3Cited by5 opinions

  1. Ottinger v. Detroit United RailwayMichigan Supreme Court · 1911
  2. Nirk v. Jersey City, Hoboken & Paterson Street Railway Co.Supreme Court of New Jersey · 1907
  3. Hodler v. Public Service Railway Co.Supreme Court of New Jersey · 1913
  4. Budner v. Public Service Corp.Supreme Court of New Jersey · 1907
  5. Gottlob v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1906

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