Public Service Railway Co. v. Mooney

The opinion of the court was delivered by

Kalisci-i, J.

The plaintiff appeals from a judgment of the First District Court of Newark rendered against him in favor of the defendant. The case was tried before the court, sitting without a jury. The state of the case agreed upon between counsel of the respective parties shows that the plaintiff sued the defendant in tort to recover damages for injuries which it sustained through the alleged negligence of defendant growing out of the following conceded facts and circumstances :

“The plaintiff lawfully maintained a concrete conduit about three feet…