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JASICZEK v. PENN. R.R. CO.

90 N.J. Super. 380 (1966)

217 A.2d 643

ANTHONY JASICZEK, AN INFANT BY HIS GUARDIAN AD LITEM, EUGENE JASICZEK, EUGENE JASICZEK, INDIVIDUALLY, AND STEPHANIE JASICZEK, PLAINTIFFS-APPELLANTS, v. PENNSYLVANIA RAILROAD COMPANY, A CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1966.

Attorney(s) appearing for the Case

Mr. Walter S. Swirsky argued the cause for appellants (Mr. Sidney C. Swirsky, attorney).

Mr. Gerald F. O'Mara argued the cause for respondent (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys).

Before Judges GOLDMANN, FOLEY and COLLESTER.

PER CURIAM.

This is a child trespasser case which was tried to a jury in the Law Division. The jury awarded damages in the amount of $25,000 to the infant plaintiff for his personal injuries; his parents were awarded $10,000 for consequential damages.

The theory of liability pleaded by plaintiffs accorded with Restatement, Torts, § 339 (1934), the principles of which are now firmly embedded in the law of this State. See the line of cases commencing...

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