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PANGBORN v. CENTRAL RAILROAD CO. OF N.J.

18 N.J. 84 (1955)

112 A.2d 705

IRA L. PANGBORN, AS GENERAL ADMINISTRATOR AND AS ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF WILLIAM IRA PANGBORN, DECEASED, AND WILBUR FORNER, AN INFANT, BY HIS GUARDIAN AD LITEM, ANNA FORNER GIARRETTA, AND ANNA FORNER GIARRETTA, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided March 21, 1955.

Attorney(s) appearing for the Case

Mr. Stanley W. Greenfield argued the cause for appellant Pangborn and respondent Forner (Mr. Francis A. Gordon, attorney; Mr. Greenfield of counsel).

Mr. Huyler E. Romond argued the cause for Central Railroad Company of New Jersey as respondent and as appellant (Messrs. Toolan, Haney & Romond, attorneys).

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

Three high school boys, walking to their homes from school along their usual route which would take them across defendant's tracks at the Washington Avenue crossing at the east end of defendant's Dunellen passenger station, passed between the westbound station and a newsstand and thence walked 123 feet down the platform, a pavement at grade 10 to 12 1/2 feet...

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