Shuler v. North Jersey Street Railway Co.

The opinion of the court was delivered by

Swayze, J.

This case was tried before the decision of this court in Eagen v. Jersey City, Hoboken and Paterson Street Railway Co., 45 Vroom 699, and the trial judge pursued the same course that had been pursued at the trial of that case. The only facts which distinguish the present case are that-the speed of the car which struck the plaintiff was excessive, and that he had barely reached the nearest rail, instead of the middle of the track.

The excessive speed of the car is persuasive of negligence on the part of the defendant, but we fail to see how it…