McGuire v. Central Railroad Co.

Supreme Court of New Jersey

McGuire v. Central Railroad Co.

53 A. 696, 68 N.J.L. 608, 39 Vroom 608, 1902 N.J. Sup. Ct. LEXIS 59

DecidedNovember 10, 1902

StatusPublished

This text of 53 A. 696 (McGuire v. Central Railroad Co.) 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

McGuire v. Central Railroad Co., 53 A. 696, 68 N.J.L. 608, 39 Vroom 608, 1902 N.J. Sup. Ct. LEXIS 59 (N.J. 1902).

Pincite

Opinion

Per Curiam.

Under the proof, when the plaintiff rested, the court should have granted the motion of the defendant to nonsuit. If contributory negligence was not shown, it was quite clear that the plaintiff had not proven that the defendant had done any negligent act, or negligently omitted to do any act, which was the proximate cause of the injury to the plaintiff’s cattle.

Where the proof does not show negligence in either part}', the plaintiff cannot be permitted to recover from the mere fact of the accident. For the failure to nonsuit the judgment should be reversed.

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Per Curiam.

Under the proof, when the plaintiff rested, the court should have granted the motion of the defendant to nonsuit. If contributory negligence was not shown, it was quite clear that the plaintiff had not proven that the defendant had done any negligent act, or negligently omitted to do any act, which was the proximate cause of the injury to the plaintiff’s cattle.

Where the proof does not show negligence in either part}', the plaintiff cannot be permitted to recover from the mere fact of the accident. For the failure to nonsuit the judgment should be reversed.

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Bluebook (online)

53 A. 696, 68 N.J.L. 608, 39 Vroom 608, 1902 N.J. Sup. Ct. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguire-v-central-railroad-co-nj-1902.