The principal issues contested upon the trial were i whether the death the decedent was caused the negligence the Easton Amboy Railroad Company whether was guilty contributory negligence whether the defendant was liable the plaintiff for the negligence the Easton Amboy Railroad Company. The evidence upon the trial bearing upon the issues negligence and contributory negligence was this The station at Alpha located upon a curve the railroad, which the eastward runs through a eut.
At the time the accident there was a waiting room and platform at one side the tracks, where passengers commonly awaited the arrivai trains upon either track, and opposite, and across three tracks, and outside the west-bound track, was an uncovered platform, from which they took the trains upon that track. The platform was about feet long and something less than feet broad, and was occupied in part at the rear a beiich and handrail. At the front was so near the track that the cars in passing overlapped, inches. A west-bound approaching train could seen need help writing my essay from this platform a distance, feet.
It also appeared custom coursework that the decedent, with certain members his family, had been awaiting in the waiting room the arrivai the west-bound train due leave Alpha for Easton. Very shortly before their train was due the whistle an approaching locomotive was heard, apparently rounding the curve in the eut the eastward the station, and thereupon the station master notified them This your train ail aboard hurry across. The approaching train was not in fact the train they had been waiting to take, but was a special train sent out the defendant for the accommodation its president, consisting the president's car, another car, and a locomotive.
The party hurriedly crossed the tracks, and reached the platform, and a moment after the decedent was killed the special train, which passed without stopping, and at a speed admission essay editing services of between miles an hour. He was seen throw his hand as if hold his hat his head, and the next moment was i need someone to write my paper for me under the train and eut pieces, but none the witnesses saw what occurred during the interval. These facts were practically undisputed.
A brief description the accident was given one the witnesses for the plaintiff in the following testimony We sat there In the station, and the station agent told after a while that the train, and started from the station across the track, and found that the train did not slow any, and the station master told US hurry and I heard brother-ln-law the deceased call annt who was wlth hurry across, and I looked at him and was just stepping the patform at that time, and the shriek the engine as It was nearlng the platform then distraeted attention, and I looked towards the train, and that was the last I saw him until I saw the body going around the The deceased had lived at Alpha about a year, and had frequently traveled train between Alpha and Easton.
The evidence upon the trial upon the question whether the plaintiff's right recovery was against the defendant buy papers for college online or only against the Easton Amboy Railroad Company established the following facts The Easton Amboy Railroad has been operated and managed the officers and agents the Easton Amboy Railroad Company since, at which time a lease which had been made that corporation the defendant was declared illegal in a suit brought the Attorney General in behalf the state New Jersey.
By the decree in that suit was ordered that the Easton Amboy Railroad Company should resume possession its railroad, property, privileges, and franchises, and operate them its own ofïïcers and agents. Since the entirc stock the corporation has been owned the Lehigh Valley Terminal Railroad Company, another New Jersey corporation, and the entire stock this latter corporation has lieen owned the defendant and the directors the Lehigh Valley Terminal Company have been elected the vote the defendant, and the ofïïcers and directors the Easton Amboy Railroad Company have been elected the vote the Lehigh Valley Terminal Company.
The freight and passenger business between the two corporations has been done upon a mileage basis, the charges being prorated, and each one receiving its proportion.
Considerable evidence was introduced the plaintifif upon the trial for the best resume writing services nyc purpose showing that for a long time previous the accident the defendant had held itself out the traveling public as the apparent carrier operating the Easton Amboy Railroad. It appeared that the same person was the superintendent the defendant and the Easton Amboy Railroad Company that the same person was the generai passenger agent each that in the advertisements and timetables the defendant the Easton Amboy railroad had always been treated as a part the railroad the defendant and that the cars, conductors, and employes upon that railroad have been apparently those the defendant, the cars being lettered in its name, and the conductors and employes wearing its initiais The assignments error which challenge the rulings the trial judge upon the questions negligence and contributory negligence are addressed his refusai direct a verdict for the defendant and to It unnecessary consider these assignments in detail. The decedent had put himself in the care the Easton Amboy Railroad Company for the purpose taking passage upon its train then about due arrive, having a ticket which entitled him carriage that train. The relation carrier can you write my essay for me and passenger existed at the time he crossed the track and reached the platform. If the carrier had not used due care provide hini with a safe place await and board the train, negligence was established. Neither the Easton Amboy Railroad Company nor the defendant was chargeable with negligence merely because the running o£ a special train through Alpha shortly before the schedule time for the arrivai the regular train without notice the station tender, nor merely because the train was permitted run at an excessively high rate speed. The trial judge instructed the jury, and left them decide whether, in view of its relation approaching trains, the platform as was constructed We think the facts fully justified that instruction. The probability that unexpected trains, running at high speed, might pass while passengers were properly there, exciting and confusing them, as such an occurrence naturally would, was one which should bave been considered the carrier in determining the locality and dimensions the platform.
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