Graves v. Baltimore & New York Railway Co.

The opinion of the court was delivered by

Trenohard, J.

This is an appeal from a judgment for the plaintiff entered on the verdict of a jury in the District Court of the city of Elizabeth.

The plaintiff’s horse and wagon, driven by plaintiff’s agent, were traveling along St. George’s avenue, Linden township, Union county, at midnight. The wagon was struck by an engine drawing a train of freight cars on a single-track railroad of the defendant company which crosses the avenue at an angle.

On behalf of the defendant it is insisted that the plaintiff should have been nonsuited or a verdict against…