...coming from the north, which gave no signal or warning of its approach — Held, that the question of the negligence of the defendant and the contributory negligence of the plaintiff was for the jury. On appeal from the Essex Circuit. For the appellant, Peirce & Hoover. For the respondent,...

...proceeding from behind, without signal or other indication of its approach — Held, that the question as to the negligence of the defendant and the contributory negligence of the plaintiff was for the jury, and that a nonsuit wns error. On appeal from the Bergen County Circuit Court. For...

...defendant and the negligence of the plaintiff concurred to produce the accident. And if you find that the negligence of the defendant and the contributory negligence of the plaintiff both concurred in producing the accident, then you are to determine from the proofs whether the contributory...

...questions which were also proper to submit to the jury. Upon a review of this record we are satisfied that the negligence of the defendant and the contributory negligence of the plaintiff were questions which should have been submitted to the jury with proper instructions. The judgment...

...plaintiff stepped in and fell. The case was submitted to the jury under the usual instructions as to the negligence of the defendant and the contributory negligence of the plaintiff. The jury rendered a verdict for the defendant. Ervin Palmer and George Gartner, for appellant. Dickinson,...

...was guilty of contributory negligence and could not recover. This was refused, and the questions of the negligence of the defendant, and the contributory negligence of the plaintiff were submitted to the jury. There was a motion for a new trial based upon several grounds, among which...

...The court below made a finding of the subordinate and evidential facts, bearing upon the question of the negligence of the defendant, and the contributory negligence of the plaintiff, and then added the following : — " I find that the defendant was not negligent in running the car...

...properly submitted to the jury. The view we have taken of the effect of the evidence upon the question of the negligence of the defendant, and the contributory negligence of the plaintiff or her son, shows that the court did not commit any error in refusing to nonsuit the plaintiff, nor...

...the language cited. It, in effect, properly states the law to be that the questions being tried were the negligence of the defendant and the contributory negligence of the plaintiff; not whether the plaintiff was at the time intoxicated. That drunkenness on the part of plaintiff would...

...in granting the motion for non-suit; that the case should have been submitted to the jury both as to the negligence of the defendant and the contributory negligence of the plaintiff. It is culpable negligence on the part of a railroad corporation to induce a passenger to leave a train...