Grieve v. North Jersey Street Railway Co.
Grieve v. North Jersey Street Railway Co.
Opinion of the Court
The opinion of the court was delivered by
In this case no error is found in any of the rulings of the court or in its refusal to nonsuit. The negligence of the agent of the defendant company in permitting the deceased to ride on the rear bumper of the car is clear, and that he sanctioned his so doing and collected fare of him while seated there is admitted. He was thus put in a place of exceptional danger and the result that happened is not surprising. It is also difficult to imagine how a car approaching from the rear could run against the car ahead of it, as this one did, without gross carelessness of the motorman of the approaching car, particularly as it was not dark and the deceased and others were seated in plain sight. The difficulty, however, is with the amount of damages awarded.
The suit is by an administrator under the Death act, and
In the case of Telfer v. Northern Railroad
Under the circumstances, unless the plaintiff will consent to reduce the verdict in this case to $500, the rule will be made absolute.
Reference
- Full Case Name
- JOHN H. GRIEVE, ADMINISTRATOR OF HENRY T. OHMAN v. NORTH JERSEY STREET RAILWAY COMPANY
- Status
- Published