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GUDNESTAD v. SEABOARD COAL DOCK CO.

27 N.J. Super. 227 (1953)

99 A.2d 201

LAURITZ I. GUDNESTAD, PLAINTIFF-RESPONDENT, v. SEABOARD COAL DOCK COMPANY, A FOREIGN CORPORATION, AND JOHN GERBA, JR., DEFENDANTS, AND PENNSYLVANIA RAILROAD COMPANY, A FOREIGN CORPORATION, DEFENDANT-APPELLANT. LAURITZ I. GUDNESTAD, PLAINTIFF-APPELLANT, v. SEABOARD COAL DOCK COMPANY, A FOREIGN CORPORATION, AND JOHN GERBA, JR., DEFENDANTS-RESPONDENTS, AND PENNSYLVANIA RAILROAD COMPANY, A FOREIGN CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided August 25, 1953.

Attorney(s) appearing for the Case

Mr. Arthur J. Sills argued the cause for Lauritz I. Gudnestad (Messrs. Wilentz, Goldman, Spitzer & Sills, attorneys; Miss Maria Denopoulos, on the brief).

Mr. George F. Lahey, Jr., argued the cause for Pennsylvania Railroad Company.

Mr. Harry E. Walburg argued the cause for Seaboard Coal Dock Company (Messrs. Cox & Walburg, attorneys).

Mr. John A. Lynch argued the cause for John Gerba, Jr.

Before Judges EASTWOOD, BIGELOW and JAYNE.

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

Among its many transportational operations the Pennsylvania Railroad Company assembles in its yard at South Amboy, New Jersey, freight cars containing consignments of coal from the mines. At the estuary there is a dock at which the coal is transferred from the railroad cars into barges for delivery to designated ports. To facilitate the displacement of the coal from the cars into the hulls of the barges the railroad...

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