Consolidated Traction Co. v. Behr
Supreme Court of New Jersey
On error to the Union Circuit Court. Edith Behr, a girl of nineteen, accompanied her father to market on the night of September 9th, 1895. Behr left his farm at eleven o’clock with two wagons loaded with marketing; the one in advance, in charge of Behr’s son and two hired men, was followed by the one upon which the plaintiff rode, which was in charge of Behr himself.
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On error to the Union Circuit Court. Edith Behr, a girl of nineteen, accompanied her father to market on the night of September 9th, 1895. Behr left his farm at eleven o’clock with two wagons loaded with marketing; the one in advance, in charge of Behr’s son and two hired men, was followed by the one upon which the plaintiff rode, which was in charge of Behr himself. In this order the teams traversed the public road leading from Elizabeth to Newark, Behr walking by the side of his team and the plaintiff sleeping upon the wagon. This wagon and the extemporized bed upon which the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The question of contributory negligence was submitted to the jury by the trial court, in these words: “ The only question is, does the evidence satisfy you that the plaintiff was herself negligent? The evidence is that the *479plaintiff, shortly after leaving her house, made use of a bed, to use that term, which had been provided for her on top of this wagon, and there remained sleeping until the happening of the accident. Any act aside from that showing negligence on the part of the plaintiff, I cannot recall. Was that a negligent act? The…
2Cases cited2 opinions
- Fath v. ThompsonSupreme Court of New Jersey · 1895
- Meader v. CornellSupreme Court of New Jersey · 1895
3Cited by3 opinions
- Watkins v. CopeSupreme Court of New Jersey · 1913
- Danskin v. Pennsylvania RailroadSupreme Court of New Jersey · 1910
- McCullom v. Atlantic City & Shore RailroadSupreme Court of New Jersey · 1909