Consolidated Traction Co. v. Glynn

The opinion of the court was delivered by

Van Syckel, J.

Error is assigned upon the refusal of the trial court to nonsuit the plaintiff below, who is the defendant in error. He was run over by an electric car, in April, 1894, while crossing Market street, at Frederick street, in the city of Newark, on foot.

The evidence on the part of the defendant company was that the motorman saw the plaintiff leave the curbstone, and supposed from the conduct of the plaintiff that he intended to get on the car, and that when the car was within five or six feet of him he stepped in front of it and was run…