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SOTAK v. PENNSYLVANIA RAILROAD CO.

13 N.J. Super. 130 (1951)

80 A.2d 215

JOSEPH SOTAK, PLAINTIFF-APPELLANT, v. THE PENNSYLVANIA RAILROAD COMPANY, A CORPORATION OF THE STATE OF PENNSYLVANIA, DEFENDANT-RESPONDENT. FRANK JELINEK, PLAINTIFF-RESPONDENT, v. JOSEPH SOTAK AND THE PENNSYLVANIA RAILROAD COMPANY, A CORPORATION OF THE STATE OF PENNSYLVANIA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1951.

Attorney(s) appearing for the Case

Mr. Philip M. Brenner argued the cause for defendant-appellant Joseph Sotak (Mr. John T. Keefe, attorney for plaintiff-appellant Joseph Sotak).

Mr. Stephen V.R. Strong argued the cause for defendant-appellant and respondent, The Pennsylvania Railroad Company (Messrs. Strong & Strong, attorneys).

Mr. John J. Rafferty argued the cause for plaintiff-respondent (Messrs. Rafferty & Blacher, attorneys; Mr. Philip Blacher, on the brief).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

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

It was about 6:30 P.M. on December 16, 1948, amid the fall of a drizzling rain intermixed with sleet that Joseph Sotak was driving his delivery truck southwesterly on Jersey Avenue in a suburb of the City of New Brunswick. He was accompanied by Frank Jelinek. They were approaching the locality where a single spur line of railroad tracks, known as the Millstone Branch, of the Pennsylvania Railroad crosses the...

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