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DEMETRO v. PENN. R.R.

90 N.J. Super. 308 (1966)

217 A.2d 329

DUTCH DEMETRO, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF RUBY DEMETRO, PLAINTIFF-APPELLANT, v. PENNSYLVANIA RAILROAD COMPANY, A CORPORATION, AND ALBERT GRAZIANO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1966.

Attorney(s) appearing for the Case

Mr. Paul E. Anderson argued the cause for the appellant (Messrs. Kovacs, Anderson, Horowitz & Rader, attorneys).

Mr. Andre W. Gruber argued the cause for the respondents (Messrs. Strong & Strong, attorneys).

Before Judges GAULKIN, LABRECQUE and BROWN.

PER CURIAM.

Ruby Demetro, aged 11, was killed by one of defendant's trains when she rushed upon the tracks and pushed three smaller children from its path. The action by her administrator ad pros. was dismissed upon plaintiff's opening to the jury on the ground that the action was barred by R.S. 48: 12-152, which provides:

"It shall not be lawful for any person other than those connected with or...

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