Kulman v. Erie Railroad
Supreme Court of New Jersey
On error to the Passaic Circuit. Tried at the said Circuit: at the January Term, 1900, before Mr. Justice Dixon and a jury. The plaintiff had his foot cut off by a train of ears at the-defendant’s station.
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On error to the Passaic Circuit. Tried at the said Circuit: at the January Term, 1900, before Mr. Justice Dixon and a jury. The plaintiff had his foot cut off by a train of ears at the-defendant’s station. The declaration alleged that the plaintiff' was a passenger in the defendant’s train, and that the defendant negligently caused its train to start after he had boarded1, it and before he had reached a place of safety, whereby he was: thrown under the wheels of the train and injured. There was: a verdict for the plaintiff. . The testimony upon the material points was variant, if not…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
There are two assignments of error; one for the refusal of the Circuit Court to nonsuit the plaintiff, the other for its refusal to direct a verdict for the defendant. The motions differ only in that upon the motion to nonsuit one of the grounds was the contributory negligence of the plaintiff; in other respects the two motions rested upon the same grounds, viz., that there was no proof of the negligence of the defendant, and that the independent intervention of a third person was the immediate cause of the plaintiff’s injury.
The…
2Cited by3 opinions
- Duty v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1911
- Pennsylvania R. v. StocktonCourt of Appeals for the Third Circuit · 1911
- Allen v. Northern Pacific Railway Co.Washington Supreme Court · 1904