Hendrickson v. Philadelphia & Reading Railroad

Supreme Court of New Jersey

Hendrickson v. Philadelphia & Reading Railroad

52 A. 232, 68 N.J.L. 242, 39 Vroom 242, 1902 N.J. Sup. Ct. LEXIS 132

DecidedJune 9, 1902

StatusPublished

This text of 52 A. 232 (Hendrickson v. Philadelphia & Reading 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

Hendrickson v. Philadelphia & Reading Railroad, 52 A. 232, 68 N.J.L. 242, 39 Vroom 242, 1902 N.J. Sup. Ct. LEXIS 132 (N.J. 1902).

Pincite

Opinion

Per Curiam.

We find no error in the refusal to nonsuit, nor in the refusal of the trial court to direct a verdict for the defend[243]*243ant. The liability of the defendant company depended upon whether the fence which separated its right of way from the property of the plaintiff, and which it was the defendant’s duty to maintain and keep in repair, had been out of repair for a sufficiently long time to charge defendant with notice of 'its condition. Under the evidence submitted, this was a question for the jury, and not for the court to decide.

The judgment below should be affirmed.

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Per Curiam.

We find no error in the refusal to nonsuit, nor in the refusal of the trial court to direct a verdict for the defend[243]*243ant. The liability of the defendant company depended upon whether the fence which separated its right of way from the property of the plaintiff, and which it was the defendant’s duty to maintain and keep in repair, had been out of repair for a sufficiently long time to charge defendant with notice of 'its condition. Under the evidence submitted, this was a question for the jury, and not for the court to decide.

The judgment below should be affirmed.

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Bluebook (online)

52 A. 232, 68 N.J.L. 242, 39 Vroom 242, 1902 N.J. Sup. Ct. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendrickson-v-philadelphia-reading-railroad-nj-1902.