The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-09-16
BRADY LOSES
RAN CAR IN FAMOUS CLIFF
TON AVENUE DISASTER.
Supreme Court Justice Reed, in Setting
Aside Verdict Awarded Him, Says
Brakes of His Car Were All Right.
rspeoial to the Evening start

TRENTON, Sept. 16.-In an opinion filed
in the Supreme Court today by Justice
Alfred Reed, the verdict of $500, recov-
cred by Peter Brady, of Newark. against
the North Jersey Street Railway Company,
is set aside.
Brady was a motorman and was EN-
ployed as such on a car of the company
which figured in the Clifton avenue disas-
ter in 1903. Brady brought suit against the
trolley company for injuries received at the
time Of the accident, and claimed that be-
cause of the poor condition of the brakes
on the car the company was liable for the
injuries which he received.
The trial was heard by Circuit Court
Judge Frederick Adams, and a jury, the
jury awarding Brady a verdict for the
above amount. The trolley company APP
pealed to the Supreme Court, on the
ground that Judge Adams erred In refusing
to submit to the jury the question whether
the company was negligent in not having
the sand boxes in a proper condition, and
further that the evidence showed that the
brakes were working properly, and the ac-
cident would not have occurred if 1t had
not been for the fact that the rails were
slippery.
Justice Reed says In his opinion:
The graVamen of his complaint is that
he was unable to stop the progress of the
car in time to escape the collision because
VI Luc lnSuAllCleul equipment Ol the car.
His specific complaint is that the brake
and the controller were not in proper con-
ditlon, and that the defendants had negli-
gently permitted the sandbox to become
and remain out OF repair, so that 1t would
not discharge sand.
The plaintiff said he knew the rails were
half way dow the slope between Orange
street and the railroad track he saw the
gates of the railway descend. He then
tried to stop the car, but could not do 1t
hAanTYGn tho ~ n yatFl not hold aaA
the car slid and there was no sand to
give the car a hold. He says again that
the sand boxes did not work and the car
was continually sliding. Then he says he
released the brake and drew the reverse,
using the power to go back, and kept the
brake quarter way on so as to give the
power a chance to take, and Kept moving
his hand on the brake, moving 1t slowly
with the power turned on full to go back,
but the power would not take either; the
car continued sliding for about half way
in the block. Again In answer to the ques-
ton, now, you say the brakes would not
hold; what do you mean by that?' he re-
piled, 81 said they would not stop the
car"
This testimony supports the theory that
the motion OF the car continued, notwith-
standing the fact that the brakes had
stopped the revolution of the wheels. This
theory is further supported by the testi-
mony of the superintendent of the line,
who the car in less than half an
hour after the accident and found the
$500 N6A.N ~ o20hto hA( "ASNAof
the wheels being locked in the brake shoes.
That the brakes We're doing their proper
work seems also obvious from the fact
that the plaintiff had safely driven the
car down this very incline on his two
previous trips.
Nor Is the plaintiffs testimony respect
ing the defect In the controller possessed
of any more substance. The operation of
what is termed the controller is not clear
ly indicated by the testimony, but the de-
feet charged seems to be that Upon re-
versing the motion of the car wheels for
the purpose of arresting the forward
movement of the car, that purpose was
not obtained. The car still moved or slid
forward.
There is absolutely nothing to show that
the wheels when free from the clutch of
the brake, did not or would not revolve
In answer to the controller. The plain
tiff's own testimony regarding the eff
cheney of the brakes and controller shows
hat the failure to stop the ear was at
tributable to the condition of the streets,
coupled with the weight of the car, which
together rendered the locked or reversed
car wheels useless in the absence of sand
upon the rails to furnish traction, 1. e.,
sufficient friction to countervail the mo-
mentum of the car.