Glasco v. Jersey City, Hoboken & Paterson Street Railway Co.
Glasco v. Jersey City, Hoboken & Paterson Street Railway Co.
Opinion of the Court
The opinion of the court was delivered by
On July 28th, 1907, the defendant company was operating a street car line on Bergenline avenue, Jersey City. The plaintiff approached the avenue from Tenth street, which ran at right angles. She attempted to cross Bergen-line avenue in front of an approaching car for the purpose of entering the car, it being necessary to be on the opposite side of Bergenline avenue in order to do so. What she testified to is substantial^ this, viz.: Before attempting to cross the street she looked up and saw the car, which was then a block away; that before she stepped on the track for the purpose of crossing she looked and saw that the car was then one hundred and fifty feet away; that she proceeded and had nearly crossed all the tracks when she was struck; the last thing she remembered was putting her foot over the last rail; she had been preceded by a boy.who ran ahead of her across the tracks for the purpose of stopping the car. There is evidence to show that the car was approaching the crossing,
It seems to us that the testimony of the plaintiff shows that she did not exercise reasonable prudence and caution. She saw the car coming at a high rate of speed within one hundred and fifty feet of her before she undertook to pass in front of it. This car was running along an avenue in a somewhat unfrequented locality; many of the streets laid down on the map were not open for use, and where a higher rate of speed might be more safely maintained than could be done in a crowded thoroughfare. There were no other vehicles in sight, and the opportunity afforded the plaintiff to sec the approaching car, and the speed at which it was running, does not appear to have been obstructed. In fact she admits that although she saw the car, and that it was running rapidly, she took the risk of crossing. This the exercise of a reasonable judgment would, under the circumstances, forbid, if she desired to avoid a collision, and when she was near the track and saw the car approaching in the manner described by her, she was not in a position to “justify her proceeding to cross, under a reasonable belief that she could do so with reasonable safety, if both she and the motorman were in the exercise of reasonable care.” Bauer v. North Jersey Street Railway Co., 46 Vroom 624. She
The facts in this ease are not unlike those appearing in Gilliland v. Middlesex and Somerset Traction Co., 38 Vroom 542, and the cases there cited, and is subject to the rule of law there laid down.
The rule to show cause will be made absolute.
Reference
- Full Case Name
- AGNES GLASCO v. JERSEY CITY, HOBOKEN AND PATERSON STREET RAILWAY COMPANY
- Cited By
- 1 case
- Status
- Published