McHugh v. N. Jersey St. Ry. Co.
| Decision Date | 18 June 1900 |
| Citation | 46 A. 782 |
| Parties | McHUGH v. NORTH JERSEY ST. RY. CO. |
| Court | New Jersey Supreme Court |
Action by Peter McHugh against the North Jersey Street-Railway Company to recover for injuries. There was a verdict in favor of plaintiff, and defendant moved for a new trial. Motion granted.
Argued February term, 1900, before DEPUE, C. J., and VAN SYCKEL and GUMMERE, JJ.
Warren Dixon, for plaintiff. Vredenburgh & Garretson, for defendant.
We think the evidence shows that the plaintiff, who was in his wagon, near the sidewalk, while the car was approaching behind him, suddenly turned his wagon round, without looking back, and drove on the track, when the car was too near him to be stopped, and that he was thereby guilty of contributory negligence. The damages, we also 'think, are excessive. Rule to show cause is made absolute.
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