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Brower v. New York Central & H.R.R.

New Jersey Supreme Court
103 A. 166 (N.J. 1918)


Brower (plaintiff) was operating a commercial horse-drawn wagon hauling empty barrels and one barrel of cider for his employer. As Brower approached a grade-crossing, his wagon was struck by a train operated by New York Central & H.R.R. (railroad) (defendant). The horse was killed, the wagon was destroyed, and the barrels were scattered on the ground. The impact left Brower completely stunned and unaware of what was going on around him. Shortly after the accident, several thieves stole the scattered barrels and cargo. The railroad employed two engineers to prevent theft by thieves, but Brower was unable to fend off the thieves due to his condition after the accident. Brower brought suit against the railroad for damages based on his injuries and the stolen cargo.

Rule of Law


Holding and Reasoning (Swayze, J.)

Dissent (Garrison, J.)

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