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STEWART v. NORTON

9 N.J. Super. 222 (1950)

75 A.2d 900

MAE M. STEWART, ADMINISTRATRIX, ETC., PLAINTIFF-APPELLANT, v. HENRY K. NORTON, TRUSTEE, ETC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1950.

Attorney(s) appearing for the Case

Mr. Samuel Doan argued the cause for the appellant (Mr. Charles C. Stalter, attorney).

Mr. Charles S. Barrett, Jr., argued the cause for the respondent (Messrs. Lum, Fairlie & Foster, attorneys).

Before Judges JACOBS, BIGELOW and JAYNE.

The opinion of the court was delivered by BIGELOW, J.A.D.

This action results from a grade crossing accident. On a dark and snowy winter afternoon, plaintiff's decedent was driving his automobile along Warburton Avenue, in Hawthorne, and across the tracks of the New York, Susquehanna & Western Railroad, when he was struck by the locomotive of an on-coming train, and killed.

There are three tracks at this...

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