West Jersey Railroad v. Ewan

The opinion of the court was delivered by

Dixon, J.

This writ of error brings up a judgment rendered in the Supreme Court- upon a verdict for the plaintiff obtained in the trial at the Camden Circuit. The errors are assigned upon bills of exceptions sealed by the trial judge.

It is necessary for us to notice only one of these assignments, that directed against the refusal to nonsuit the plaintiff below.

The facts upon which the question of nonsuit must be decided are — that on April 16th, 1892, a dull, drizzly day, the plaintiff, about half past five o’clock in the afternoon, came on foot along…