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CAPONE v. NORTON

21 N.J. Super. 6 (1952)

90 A.2d 508

MARY CAPONE, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF HARRY CAPONE, DECEASED, PLAINTIFF-RESPONDENT, v. HENRY K. NORTON, TRUSTEE OF THE PROPERTY OF NEW YORK, SUSQUEHANNA & WESTERN RAILROAD COMPANY, A CORPORATION, DEFENDANT-APPELLANT. PETER PANEPINTO, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF JEAN PANEPINTO, DECEASED, PLAINTIFF-RESPONDENT, v. HENRY K. NORTON, TRUSTEE, ETC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1952.

Attorney(s) appearing for the Case

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

Mr. Louis Santorf argued the cause for respondents (Mr. John A. Masiello, attorney for respondent Capone; Mr. Benjamin P. Galanti, attorney for respondent Panepinto.

Before Judges JAYNE, COLIE and GRIMSHAW.

The opinion of the court was delivered PER CURIAM.

The mishap out of which this litigation arose was the occurrence on June 19, 1948, of a collision at a railroad grade crossing in the City of Paterson between a motor vehicle driven by the decedent Harry Capone, in which the decedent Jean Panepinto was a passenger, and a diesel engine operated by the New York, Susquehanna & Western Railroad Company. The occupants of the motor vehicle sustained bodily injuries...

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