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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.