Agry v. Pennsylvania Railroad

Supreme Court of New Jersey

Agry v. Pennsylvania Railroad

146 A. 587, 7 N.J. Misc. 579, 1929 N.J. Sup. Ct. LEXIS 232

DecidedJune 21, 1929

StatusPublished

This text of 146 A. 587 (Agry v. Pennsylvania Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Agry v. Pennsylvania Railroad, 146 A. 587, 7 N.J. Misc. 579, 1929 N.J. Sup. Ct. LEXIS 232 (N.J. 1929).

Pincite

Opinion

Pee Cueiam.

The plaintiff, a passenger on one of the defendant’s trains, approaching the station stop, passed out of the car onto the vestibule, the door being opened. -He took hold of the jamb of the door, the train giving a lurch the door closed, cutting his fingers.

The record is silent on any motion for a nonsuit or a direction of a verdict. The brief for the defendant states that these motions were made. The record, however, is not in accord. Coming to the merits, no negligence of the railroad company was proved, and there was no proof that the door, the hinges or the jamb were out of order. Lurches of trains are to be expected. Persons who put their hands in door jambs do so at their own peril.

The judgment should be reversed.

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Pee Cueiam.

The plaintiff, a passenger on one of the defendant’s trains, approaching the station stop, passed out of the car onto the vestibule, the door being opened. -He took hold of the jamb of the door, the train giving a lurch the door closed, cutting his fingers.

The record is silent on any motion for a nonsuit or a direction of a verdict. The brief for the defendant states that these motions were made. The record, however, is not in accord. Coming to the merits, no negligence of the railroad company was proved, and there was no proof that the door, the hinges or the jamb were out of order. Lurches of trains are to be expected. Persons who put their hands in door jambs do so at their own peril.

The judgment should be reversed.

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Bluebook (online)

146 A. 587, 7 N.J. Misc. 579, 1929 N.J. Sup. Ct. LEXIS 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agry-v-pennsylvania-railroad-nj-1929.