PHILLIPS v. ERIE LACKAWANNA R.R. CO., ET AL.


107 N.J. Super. 590 (1969)

259 A.2d 719

JOAN M. PHILLIPS, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF DONALD M. PHILLIPS, DECEASED, AND JOAN M. PHILLIPS, INDIVIDUALLY, PLAINTIFF-RESPONDENT, v. ERIE LACKAWANNA RAILROAD COMPANY, ET AL., DEFENDANTS, AND NEW JERSEY AND NEW YORK RAILROAD COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1969.


Attorney(s) appearing for the Case

Mr. Charles P. DeYoe argued the cause for plaintiff (Messrs. DeYoe, DeYoe and Guiney, attorneys).

Mr. Charles W. Hutchinson argued the cause for defendant New Jersey and New York Railroad Company (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys)

Before Judges CONFORD, COLLESTER and KOLOVSKY.


The opinion of the court was delivered by CONFORD, P.J.A.D.

Defendant New Jersey and New York Railroad Company appeals from a judgment entered on a jury verdict in the amount of $200,000 in plaintiff's favor. This is a wrongful death action, and it arises out of a grade-crossing accident on July 13, 1966 wherein a train operated by employees of defendant collided with an automobile being driven by plaintiff's decedent at the Park View Drive crossing of the Erie Lackawanna...

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