Burnett v. Easton & Amboy Railroad

The opinion of the court was delivered by ■

Gummere, J.

The plaintiff’s intestate was killed by being run down by an engine and cars of the defendant company while driving across the latter’s tracks at Bound Brook.

The defence set up was absence of negligence on the part of the railroad company or its employes, and contributory negligence on the part of the decedent.

The trial justice, in his charge to the jury, used the following language: “You must determine another question, gen*374tlemen. Assuming him [the decedent] to have stopped, or assuming him to have gone on cautiously, looking both ways,,…