Horandt v. Central Railroad
Supreme Court of New Jersey
On rule to show cause. The four above-entitled suits grow out of a collision between an automobile owned and driven by deceased, Christoplier Horandt, and a railroad train of the defendant company at Keyport, Monmouth county, on Sunday, July 7th, 1907. Christopher Horandt was killed and the automobile demolished; his wife, Carrie S. Horandt, his daughter Euth and nephew Eeinhardt Bender, who were riding in the automobile, were all injured.
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On rule to show cause. The four above-entitled suits grow out of a collision between an automobile owned and driven by deceased, Christoplier Horandt, and a railroad train of the defendant company at Keyport, Monmouth county, on Sunday, July 7th, 1907. Christopher Horandt was killed and the automobile demolished; his wife, Carrie S. Horandt, his daughter Euth and nephew Eeinhardt Bender, who were riding in the automobile, were all injured. The four suits were tried together at the Passaic Circuit, a verdict for plaintiff found in each case, and rules to show cause granted why the verdicts…
1Opinion of the Court
*193The opinion of the court was delivered by
Parker, J.
Our examination of the evidence and proceedings in this case satisfies us that the verdict should be set aside and a new trial granted, and this on several grounds.
First. We are of opinion that the verdict, so far as predicated on the alleged failure of the defendant to give the statutory crossing signals by bell or whistle, was clearly against the weight of evidence. The three survivors of the accident testified they were looking straight ahead, saw no sign of a railroad and heard no bell or whistle. Six other witnesses, at varying distances…
2Cases cited1 opinion
- Eissing v. Erie RailroadSupreme Court of New Jersey · 1906
3Cited by10 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Kesler v. PabstCalifornia Supreme Court · 1954
- Sloss-Sheffield Steel & Iron Co. v. WillinghamSupreme Court of Alabama · 1940
- Columbus & G. Ry. Co. v. RobinsonMississippi Supreme Court · 1940
- Piscitello v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1933
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