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BATTAGLIA v. NORTON

16 N.J. 171 (1954)

108 A.2d 1

BONUVENTURA BATTAGLIA, PLAINTIFF-RESPONDENT, v. HENRY K. NORTON, TRUSTEE OF THE NEW YORK, SUSQUEHANNA AND WESTERN RAILROAD COMPANY, A BODY CORPORATE, DEFENDANT-APPELLANT. THERESA DANN, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF WILFRED DANN, DECEASED, PLAINTIFF-RESPONDENT, v. HENRY K. NORTON, TRUSTEE OF THE NEW YORK, SUSQUEHANNA AND WESTERN RAILROAD COMPANY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided September 27, 1954.

Attorney(s) appearing for the Case

Mr. Raymond W. Troy argued the cause for appellant (Mr. Vincent P. Biunno, on the brief; Messrs. Lum, Fairlie & Foster, attorneys).

Mr. John J. Breslin, Jr., argued the cause for the respondent Battaglia (Messrs. Breslin & Breslin, attorneys).

Mr. Paul J. O'Neill argued the cause for the respondent administratrix, Theresa Dann (Mr. George W. King, attorney.)

The opinion of the court was delivered by HEHER, J.

The question here is whether the circumstances attending a railroad grade-crossing collision bespeak contributory negligence as a matter of law precluding recovery by the injured operator of the motor vehicle and the next of kin of his fatally injured companion and fellow servant in a common employment.

This was deemed to be an issue of fact for the jury; and the...

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