Supreme Court of New Jersey November 9, 1908 (Stetson v. Baltimore & New York Railway Co.)

The opinion of the court was delivered by

Minturn, J.

The plaintiff, about midnight upon a stormy night, drove his horse and covered wagon upon defendant’s track where it crossed St. George avenue, between the cities of Elizabeth and Rahway. The railroad consisted of a single track laid in the centre of defendant’s right of way.