Legal Opinion · Dissent

Fielders v. North Jersey Street Railway Co.

Supreme Court of New Jersey

Decided November 17, 1902Published

On error to the Supreme Court, whose decision is reported in 38 Vroom 76.

1DissentFort, J.

In this case I am unable to- agree with the majority of the court. I should be willing to affirm upon the opinion of Mr. Justice Collins in the Supreme Court, reported in 38 Vroom 76.

The conclusion reached by the Supreme Court in that opinion is, in my judgment, based upon a proper application of the police powrer and also upon a wise public policy.

I agree with Mr. Justice Pitney in his opinion in this case wherein he declares that “the plaintiff, at the time of her injury, was not in the-exercise of her rights as a passenger in the act of leaving the defendant’s car,” and that, if she can…

2Cases cited2 opinions

  1. Sonn v. Erie RailroadSupreme Court of New Jersey · 1901
  2. Fielders v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1901

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