Baldwin v. Atlantic City Railroad
Supreme Court of New Jersey
On-error to the Supreme Court. This cause was tried at the October Term, 1898, of the Gloucester Circuit Court, before Mr. Justice Garrison and a jury, and at the close of plaintiff’s case a nonsuit was ordered.
1Opinion of the Court
The opinion of the court was delivered by
Magie, Chief Justice.
The record brought up by this writ discloses an action in tort by plaintiff in error to recover damages for a personal injury.
Plaintiff’s declaration founded his right to recover upon *233the following averments, viz., that he' was in the employ of the defendant company as a brakeman; that it was his duty to step upon one of défendant’s freight cars by means of a foot-step attached thereto; that the foot-step was broken, out -of repair and unfit for the use which plaintiff was obliged to make of it; that the defendant company knew of…
2Cases cited1 opinion
- Fenderson v. Atlantic City RailroadSupreme Court of New Jersey · 1894
3Cited by1 opinion
- Blonski v. American Enameled Brick & Tile Co.Supreme Court of New Jersey · 1906