Muller v. West Jersey & Seashore Railroad

The following opinion was prepared by the late Mr. Justice Bergen, in compliance with the assignment to him. It clearly expresses the view of the court upon the matter involved in the litigation, and is adopted by the court as its own opinion in the cause.

Bergen, J.

The plaintiff was injured while driving an auto truck on a public highway at a point where it crossed defendant’s railroad tracks, and in attempting to' cross, the tracks plaintiff was struck by one of defendant’s trains and injured, for which he brought this action based on defendant’s negligence, and recovered a judgment from…