Noonan v. Consolidated Traction Co.

Supreme Court of New Jersey

Noonan v. Consolidated Traction Co.

46 A. 770, 64 N.J.L. 579, 35 Vroom 579, 1900 N.J. LEXIS 134

CourtSupreme Court of New Jersey

DecidedJune 18, 1900

StatusPublished

Cited by4 cases

This text of 46 A. 770 (Noonan v. Consolidated Traction 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

Noonan v. Consolidated Traction Co., 46 A. 770, 64 N.J.L. 579, 35 Vroom 579, 1900 N.J. LEXIS 134 (N.J. 1900).

Pincite

Opinion

The opinion of the court was delivered by

Van Syckel, J.

This is a suit for damages for personal injury received by the plaintiff in collision with a trolley car of defendant company while he was riding, by invitation and without hire, in a carriage owned and driven by Ralph Earle.

The trial j udge nonsuited the plaintiff by imputing to him the negligence of the driver.

This was error, as has been held in Consolidated Traction Co. v. Hoimark, recently decided by this court and reported in 31 Vroom 456. See, also, New York, Lake Erie and Western Railroad Co. v. Steinbrenner, 18 Id. 161.

The judgment below should be reversed.

[580]*580For affirmance—Ludlow. 1.

For reversal—Magie (Chancellor), Depue (Chief Justice), Van Syckel, Dixon, Garrison, Gummere, Collins, Bogert, Hendrickson, Adams, Voorhees. 11.

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