New Jersey Traction Co. v. Gardner

*572The opinion of the court was delivered by ■

Nixon, J.

The defendant in error, in alighting from a street oar owned and operated in the city of Newark by the plaintiff in error, was severely injured and recovered damages in a suit in the Essex Circuit Court. The judgment was affirmed in the Supreme Court, and is now brought here for review.

The first alleged error is the refusal of the trial judge to nonsuit the plaintiff. The declaration in the case alleged, among other things, that the cause of the plaintiff’s injury was the sudden and violent movement of the car from a slow to a rapid rate of…