BERRY v. PENNA. R.R. CO.


80 N.J. Super. 321 (1963)

193 A.2d 569

HELEN BERRY, FURMAN F. BERRY, BRENDA F. BERRY, AN INFANT BY HER GUARDIAN AD LITEM, HELEN BERRY, RUTH CONEY, AND EZEKIEL CONEY, PLAINTIFFS, v. THE PENNSYLVANIA RAILROAD COMPANY, A/K/A PENNSYLVANIA RAILROAD, A/K/A THE PENNSYLVANIA RAILROAD, A CORPORATION, SOUTHERN RAILWAY SYSTEM, A/K/A SOUTHERN RAILWAY COMPANY, A/K/A SOUTHERN RAILWAY, A CORPORATION OR BUSINESS ORGANIZATION, AND THE TRAVELERS INSURANCE COMPANY, A CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 28, 1963.


Attorney(s) appearing for the Case

Mr. Samuel E. Bass for plaintiffs (Mr. Sam Freeman, attorney).

Mr. Raymond W. Troy for defendant Pennsylvania Railroad Company (Messrs. Lum, Biunno & Tompkins, attorneys).

Mr. Thomas J. Brady for defendant Southern Railway Company (Messrs. Milton, Keane & DeBona, attorneys).


GIULIANO, J.S.C.

On February 26, 1963 defendant Pennsylvania Railroad Company, a/k/a Pennsylvania Railroad, a/k/a The Pennsylvania Railroad (Pennsylvania), filed a motion for summary judgment pursuant to R.R. 4:58. This motion was consolidated for the purposes of oral argument with a motion filed by defendant Southern Railway System, a/k/a Southern Railway Company, a/k/a Southern Railway (Southern), to dismiss...

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