Hannon v. N. Jersey St. Ry. Co.

• Decision Date: 29 December 1900
• Citation: 65 N.J.L. 547,47 A. 803
• Court: New Jersey Supreme Court
• Parties: HANNON v. NORTH JERSEY ST. RY. CO.

47 A. 803

65 N.J.L. 547

HANNON

v. NORTH JERSEY ST. RY. CO.

Supreme Court of New Jersey.

Dec. 29, 1900.

Action by John Hannon against the North Jersey Street-Railway Company. Rule to show cause why a new trial should not be granted. Rule made absolute.

Argued June term, 1900, before DEPUE, C. J., and GUMMERE and FORT, JJ.

Vredenburgh & Garretson, for the rule.

Warren Dixon, opposed.

PER CURIAM. The verdict for the plaintiff in this cause cannot be supported by the proofs which were offered. They entirely fail to justify the conclusion that the accident to the plaintiff, which is the cause of action in this case, resulted from any want of care on the part of the employé of the defendant company. On the contrary, the testimony makes it appear more probable, at least, that plaintiff's injury resulted entirely from his own carelessness, in suddenly, and without warning, turning his horse across the track of the defendant company, directly in front of an approaching car. The rule to show cause should be made absolute.