Van Ness v. North Jersey Street Railway Co.

The opinion of.the court was delivered by

PARKER, J.

If it were conclusively shown that the accident that caused the death of plaintiff’s intestate took place in the manner and under the circumstances set forth in the opinion of the Supreme Court, we should in all probability concur in the finding of that court.

A careful examination of the evidence, however, satisfies us that the Supreme Court erred in holding that the plaintiff’s presentation of the case was not helped by any evidence given for the defendant.

*552The plaintiff’s evidence indicated that the deceased, while^ attempting to cross the…