Barcolini v. Atlantic City & Shore Railroad

The opinion of the court was delivered by

Voorhees, J.

The plaintiff, a child twenty-one months old, strayed upon the private right of way of the defendant company, incorporated under the General Railroad act of 1903 (Pamph. L., p. 645), at a place not a public crossing, and was struck by defendant’s car, resulting in the loss of one of his legs. Judgment was recovered by the plaintiff for $3,500 in the Atlantic Circuit Court, to review which this writ of error has been sued out. A motion to direct a verdict for the defendant was refused, and error has been assigned thereon.

Neither in the…