Pennsylvania Railroad v. Righter
Supreme Court of New Jersey
An action was brought by Mr. Righter and wife against the Pennsylvania Railroad Company, for damages occasioned by a collision between a train of the company and a carriage -of the plaintiffs below, driven by his servant, and containing, as occupants, Mrs. Righter and two daughters. At the trial a verdict was returned in favor of the plaintiffs. The present writ of error brings up the judgment thereon and the record of the proceedings upon the trial.
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The first and leading contention of the counsel for the plaintiffs in error, is that the plaintiffs below should have been nonsuited at the trial.
This is claimed upon the ground that, from the case there-made by the plaintiffs, it clearly appeared that the negligent act of the plaintiffs’ servant contributed to the causation of the collision by which the plaintiffs’ family was injured.
The legal rule that where a person receiving an injury has,. *183by bis own negligent conduct, partly aided in occasioning the injury, he cannot recover from the…
2Cases cited5 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
- Chicago, Burlington & Quincy Railroad v. StumpsIllinois Supreme Court · 1870
- Illinois Central Railroad v. PhelpsIllinois Supreme Court · 1862
- Baxter v. . the Troy and Boston Railroad Co.New York Court of Appeals · 1869
- McCall v. . New York Central Railroad CompanyNew York Court of Appeals · 1873
3Cited by6 opinions
- Renz v. Penn Central Corp.Supreme Court of New Jersey · 1981
- MACCIA EX REL. MACCIA v. TynesNew Jersey Superior Court Appellate Division · 1956
- Hartman v. City of BrigantineSupreme Court of New Jersey · 1957
- Goodman v. Stalfort, Inc.District Court, D. New Jersey · 1976
- Pangborn v. Central Railroad Co. of NJNew Jersey Superior Court Appellate Division · 1954
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