Legal Opinion

Merkl v. Jersey City, Hoboken & Paterson Street Railway Co.

Supreme Court of New Jersey

Decided November 18, 1907PublishedCited by 1 opinion

On error to the Supreme Court. Action by John Merkl, administrator, &c., of George Merkl, deceased, against Jersey City, Hoboken and Paterson Street Railway Company. Plea, general issue. Judgment on verdict for plaintiff, and defendant brings error.

1Opinion of the Court

The opinion of the court was delivered by

VEEDSiNBURGH, J.

Under the only assignments of error in the case, viz.,, to the refusal of the trial justice to nonsuit, and to direct a verdict for defendant, the verdict of the jury, as to all disputed facts, is final, and the plaintiff in error cannot succeed in this court unless, from the uncontroverted evidence, the plaintiff’s intestate was shown to have been guilty of negligence contributive to his death, or, failing in that, unless from such evidence it appeared that defendant was free from negligence causative of the injury.

The evidence,…

2Cases cited2 opinions

  1. Bergen County Traction Co. v. Heitman's AdministratorSupreme Court of New Jersey · 1898
  2. Murray v. Paterson Railway Co.Supreme Court of New Jersey · 1898

3Cited by1 opinion

  1. Anderson v. Public Service Corp.Supreme Court of New Jersey · 1911

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