Fernetti v. West Jersey & Seashore Railroad

The opinion of the court was delivered by

Kalisch, J.

This is an appeal from a judgment entered upon a verdict recovered in the Atlantic Circuit, by the plaintiff-respondent against the defendant-appellant.

The plaintiff’s intestate, Eva Eernetti, while attempting to cross the tracks of the defendant company at Minotola was struck and killed by one of its locomotive engines.

There were no gates nor a flagman at the crossing. The defendant company had installed an electric bell at the crossing to give warning of the approach of its trains.

The plaintiff’s intestate was riding a bicycle and…