Black v. Central Railroad
Supreme Court of New Jersey
On appeal from the Circuit Court. This was an action for damages for personal injuries in which a verdict for the defendant was directed at the trial.
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On appeal from the Circuit Court. This was an action for damages for personal injuries in which a verdict for the defendant was directed at the trial. The declaration is that defendant operated a railroad track over a certain public street or highway, commonly called Johnson avenue, at grade; that it became the duty of the railroad company by reason of the extraordinary danger, due to obstruction of view, to give reasonable notice and warning not only by the ringing of the bell or blowing of the whistle as required by the statute, but also by other signals or extra precaution by means of a…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The plaintiff was injured while'driving along a way which, if not a street, had very much the appearance of one. It was a continuation of a city street. It was paved like a street. It was lighted and sprinkled like a street. It was patroled bjr the city police like other streets, and where it was crossed by railroad tracks flagmen were stationed as is customary at street crossings. All of these things, with the exception of the police patrol, were the acts of the defendant. If, therefore, the way in question presented the appearance of…
2Cases cited3 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Holmes v. DrewMassachusetts Supreme Judicial Court · 1890
- Furey v. New York Central & Hudson River RailroadSupreme Court of New Jersey · 1902
3Cited by8 opinions
- Velasco v. Goldman Builders, Inc.New Jersey Superior Court Appellate Division · 1966
- Southern Railway Company v. LileyCourt of Appeals of Georgia · 1947
- GEORGE VAN TASSEL'S, ETC. v. Town of BloomfieldNew Jersey Superior Court Appellate Division · 1950
- Collins v. Maine Central RailroadSupreme Judicial Court of Maine · 1939
- Brookdale Pk. Homes v. Tp. of BridgewaterNew Jersey Superior Court Appellate Division · 1971
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