SCHLENK v. LEHIGH VALLEY RAILROAD CO.


1 N.J. 131 (1948)

62 A.2d 380

JOHN R. SCHLENK, COMPLAINANT-RESPONDENT, v. LEHIGH VALLEY RAILROAD COMPANY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 6, 1948.


Attorney(s) appearing for the Case

Mr. Charles W. Broadhurst argued the cause for defendant-appellant (Messrs. Markley & Broadhurst, attorneys).

Mr. Archie Elkins argued the cause for complainant-respondent.


The opinion of the court was delivered by VANDERBILT, C.J.

In the course of his employment as a yard foreman in the Newark railroad yard of the defendant on July 10, 1947, complainant became angry at the lack of information as to the placing of a car in making up a train. Without provocation he called the clerk, who he thought should be able to give him the information, an ugly appellation, which at least since the days of "The Virginian" has been thought to constitute...

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