Hoberg v. Collins, Lavery & Co.

The opinion of the court was delivered by

Voobhees, J.

While the plaintiff, a boy of about nine years of age, was playing with a companion in a street of Jersey City, on which there were two street car tracks, one of the defendant’s large two-horse trucks passed by empty, en route to the stable. The wagon, built to carry boxes, and open except for high racks at the sides, was in charge of a driter employed by the defendant.

The two boys ran after the wagon, which was being driven on the southbound car track, and jumped upon it to “steal a ride.”

They stood upon the spring or iron rod, running…