Race v. Easton & Amboy Railroad

The opinion of the court was delivered by

Collins, J.

The plaintiff’s declaration contains two counts, one for personal injury to the plaintiff and the other for loss sustained by him from personal injury to his wife— both husband and wife having been thrown from a wagon on a public highway. In the averment of negligence each count is the same, and recites that the defendant operated a railroad, and on a day named, was, by its servants, engaged in running an engine and train of cars thereon, and that the plaintiff was driving on a public road; and then avers that, “nevertheless the said…