Consolidated Traction Co. v. Lambertson
Supreme Court of New Jersey
On error to the Essex Circuit. The record and bills of exception disclose that the action of Lambertson, the plaintiff below, was brought to recover damages for an injury sustained by him as the result of a collision between a car of the Consolidated Traction Company, the defendant below, and a wagon driven by Lambertson, which occurred in Broad street, in the city of Newark.
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
It is first argued that error appears in the-refusal of the trial judge to nonsuit the plaintiff below.
The claim is that upon the evidence given by Lambertson,. he was so clearly guilty of negligence contributing to his injury that the case should have been taken from the jury. Lambertson’s narration of the occurrence may be summarized thus: He was driving in a public street on which the trolley cars of the traction company ran, and turned his horse to cross one of the company’s tracks, although he saw a car coming toward him “ as fast as it…
2Cases cited1 opinion
- Buchanan v. West Jersey RailroadSupreme Court of New Jersey · 1890
3Cited by17 opinions
- Kansas City-Leavenworth Railroad v. GallagherSupreme Court of Kansas · 1904
- Hess v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
- Greenberg v. StanleyNew Jersey Superior Court Appellate Division · 1958
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Tuttle v. Atlantic City RailroadSupreme Court of New Jersey · 1901
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