Hageman v. N. Jersey St. Ry. Co.

• Decision Date: 25 February 1907
• Parties: HAGEMAN v. NORTH JERSEY ST. RY. CO.
• Court: New Jersey Supreme Court

65 A. 834

74 N.J.L. 279

HAGEMAN

v. NORTH JERSEY ST. RY. CO.

Supreme Court of New Jersey.

Feb. 25, 1907.

(Syllabus by the Court.)

Error to Circuit Court, Essex County.

Action by John V. Hageman against the North Jersey Street Railway Company. Judgment for plaintiff. Defendant brings error. Reversed.

Argued November term, 1906, before GUMMERE, C. J., and GARRISON and GARRETSON, JJ.

Hobart Tuttle, for plaintiff in error. Albert C. Pedrick, for defendant in error.

GARRETSON, J. The plaintiff while crossing Springfield avenue in Newark from the south to the north side to board a car approaching on the west-bound track was struck and injured by a car running on the eastbound track. At the close of the plaintiff's case the defendant moved for a nonsuit on the ground that the defendant's negligence had not been proven, and on the further ground that it appeared that the accident was due to the plaintiff's contributory negligence, and, at the close of the whole case, the court was moved to direct a verdict for the defendant upon the same grounds. These motions being refused, the defendant excepted and brought this writ of error.

It appears in the evidence of the plaintiff that he started from the curb on the south-side of Springfield avenue, and about five feet from the east-bound track, he looked west along the avenue and saw a horse with a covered wagon approaching 10 or 12 feet away, going east, partly on the east-bound track and in the act of turning off towards the south. The horse was going on a walk; the horse's forefeet being about 18 inches off the track and the right-hand wheels of the wagon also cleared the track; that he passed in front of the horse, that he saw no car, and that he knew of no car, until just as he was stepping off the east-bound track, a friend who was with him told him to look out for the car, and as he said that the car struck him; that he never saw the car at all. He says as to what observation he made that before he started to cross he looked up and down the track and saw the covered wagon then about 10 or 12 feet from him; that he never saw the ear that struck him at all; that, when he looked, he was about five feet from the east-bound track; that he did not stop and look; that, when he got within a foot or two of the nearest rail, he did not remember whether he looked to see if any car was coming; that he did not remember seeing any, if there was one he did not see it; that the street to the west was practically straight; that he did not...