78 N.J.L. 101 | N.J. | 1909
The opinion of the court was delivered by
Walter Dobbs and Charles B. Esher were, on April 5th, 1908, driving a buggy along Essex street in Gloucester, which street crosses at right angles the tracks of the West Jersey and Seashore railroad. There are three railroad tracks at the place of crossing. The buggy was struck by a northbound train running upon the middle one of these tracks. The horse and buggy belonging to the plaintiff, James C. Dobbs, were injured by the collision. Upon the trial in the District Court the jury rendered a verdict for the plaintiff.
The reasons assigned for reversing the judgment entered upon this verdict are that the trial court should have directed a nonsuit, or else should have directed a verdict for the defendant on the grounds — first, that there was no evidence to show negligence of the defendants, and second, that the drivers of the buggy were guilty of contributory negligence.
In respect to the negligence of the defendant, there was evidence to show -that the statutory signal for this crossing was not given by the defendant’s servants.
Respecting the negligence of the driver of the buggy, the conditions existing at the crossing, were these: To the south whence the train was coming, there stood a row of houses, the corner one being a three-story brick building. Ho view could be had to the south until the driver of the buggy had passed this house. Erom the middle track, upon which the train was approaching, to the front of this house, there seems to have been a space of about fifty feet.
In this space was a porch extending six feet from the house, then a distance of thirty-three feet to the. nearest track, and then a distance of thirteen feet to the middle track. The
We are of the opinion that the driver’s negligence was a question for the jury.
Judgment is affirmed.