Tarlucki v. West Jersey & Seashore Railroad

Tlie opinion of the court ivas delivered by

Voorhees, J.

The declaration alleges that the defendant maintained its railroad operated by a third rail, charged with an electric current, and that an “ancient by-way” crossed the right of way which was fenced, and the rail guarded, except at the “by-way crossing.” Here the fences were open, and the third rail was “unguarded and unprotected.”

There is an allegation that the plaintiff walked along the ancient by-way upon and over said roadbed, and coming in contact with this rail, he was injured by the current. A byroad is recognized by the Road act.…