Ferrara v. West Jersey & Seashore R. R.
Ferrara v. West Jersey & Seashore R. R.
Opinion of the Court
Opinion by
This action was brought to recover damages for injuries sustained by May Ferrara, wife of Joseph Ferrara,
The other proposition was, that the testimony was not sufficient, in describing the sudden start of the train, to meet the requirements of our' decisions. Joseph Ferrara testified, “I got my wife and put her on the last car and turned around to get my suit case. The conductor gave a signal to the engineer to go and he went, and as he started his engine, the jerk of the car threw my wife off. I cannot describe the jerk in any other way than just a jerk that threw her off.” . The wife testified, “I got up on the top step and the train seemed to go. The conductor started to holler ‘hurry up. Get on here.’ I did not want to walk in because I was on the top step and the train started to go. I turned around to see if my husband was coming in. It started with a jerk, it made an awful funny jerk. I do not know how it started. It just threw me off. It threw me to the platform. I did not start to go in the car. They did not give me any time
After a careful review of the record, we are satisfied that the case was fairly tried in the court below, and there is no such reversible error shown as to warrant a reversal.
The judgment is affirmed.
Reference
- Full Case Name
- Ferrara v. West Jersey & Seashore R. R. Co.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Negligence — Railroad—Sudden starting of train — Contributory negligence — Case for jury. In an action against a railroad company by a passenger to recover damages for personal injuries, a verdict and judgment for plaintiff will be sustained, where the evidence tends to show that the plaintiff, a woman, was injured while boarding a train which had stopped to allow her to get on, ’ and that, while standing on the rear platform, before entering the car, the train started with a jolt described as “an awful funny jerk,” the effect of which was that the plaintiff’s body was precipitated from the platform of the rear coach to the ground. Negligence — Action for damages by husband for injury to wife— Proof of marriage — Case for jury. Where in an action by the husband for damages for injuries to his wife, the marriage of the plaintiffs is questioned, the ease is for the jury, and where such question has been left to the jury, under proper instructions, a verdict for the plaintiff will be sustained.