Conkling v. Erie Railroad

The opinion of the court was delivered by

Hendrickson, J.

The controversy in this case arises ■over the denial of a motion to nonsuit the plaintiff on the -ground of contributory negligence. The suit was for injuries to his person and property by a collision of the defendant’s railway train with the plaintiff’s ice wagon, which he was engaged in driving over the Crooks avenue crossing in the suburbs of Paterson.

*340The train was the midday express. It had left the station at Paterson and was on its way to Jersey City, and was traveling at the speed of from thirty-five to forty miles an hour.

The…