Whalen v. Consolidated Traction Co.
Supreme Court of New Jersey
On error to the Supreme Court. This case was tried at April Term, 1897, of the Hudson Circuit Court, before Justice Lippincott and a jury, and at the close of the plaintiff’s case the trial justice granted defendant’s motion for a non-suit, to which ruling the plaintiff excepted.
1Opinion of the Court
The opinion of the court was delivered by
Dixox, J.
The circumstances presented by the plaintiff’s evidence on the trial of this cause are as follows :• On June 21st, 1896, about forty minutes past nine o’clock at night, the plaintiff, with his wife and four young children, boarded a trolley car of the defendant, in Bayonne, for the purpose of riding to Jersey City. The car was an open one, with a board running along the outside, upon which the conductor walked to collect fares. When the car stopped to receive the plaintiff, it was crowded with passengers, not only within the car but also on…
2Cases cited6 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
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3Cited by19 opinions
- Hughes v. Atlantic City & Shore RailroadSupreme Court of New Jersey · 1914
- Washington-Virginia Railway Co. v. BouknightSupreme Court of Virginia · 1912
- Meyonberg v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1947
- Benson v. Northland Transportation Co.Supreme Court of Minnesota · 1937
- Hansen v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1900
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