Tompkins v. North Hudson Railway Co.

*323The opinion of the court was delivered by

Gummere, J.

Tompkins, the plaintiff, while passing along ■one of the streets of Hoboken, in front of the door of the stable of the North Hudson Railway Company, was injured by being struck with a bale of hay which was being unloaded from a wagon belonging to the defendant Niver.

It appeared from the testimony offered on behalf of the plaintiff that, as he approached the place where the accident happened, he observed that Niver’s wagon, loaded with hay, was standing across the sidewalk, backed up to within four nr five feet of the stable, and that bales…