Brennan v. Public Service Railway Co.

The opinion of the court was delivered by

Campbell, J.

Appellant’s decedent was a soldier encamped at Camp Raritan. On September 14th, 1918, he boarded a car of the respondent to go to New Brunswick. The seating capacity of the car was forty-five to fifty and it had, at least, one hundred and twenty-five passengers at the time of the happening. The undisputed proof is that the deceased and another soldier, and a civilian by the name of Sutton, were standing on the left-hand forward step of the ear, at the motorman’s platform. The door was closed and had at no time been opened to admit…