Sickler v. N. Jersey St. Ry Co.
| Decision Date | 11 June 1900 |
| Citation | 46 A. 779 |
| Parties | SICKLER v. NORTH JERSEY ST. RY CO. |
| Court | New Jersey Supreme Court |
Action by Harvey Slckler against the North Jersey Street-Railway Company. Judgment for plaintiff. Rule to show cause why a new trial should not be granted. Rule discharged.
Argued February term, 1900, before DEPUE, C. J., and VAN SYCKEL and GUMMERE, JJ.
Robert Carey, for plaintiff. Vredenburgh & Garretson, for defendant PER CURIAM.Suit for damages for personal injury. It appears that, when plaintiff was about to drive on the car track, the car was several hundred feet away, and there was nothing to prevent the motorman from seeing him. The plaintiff had the right of way, and the motorman's duty was to hold his car in control, so as to avoid collision. The fact that the track was slippery does not excuse him. He knew, or should have known, that fact, and was bound to take care accordingly. The verdict is reasonable, and the rule to show cause should be discharged.
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