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

129 N.J. Super. 303 (1974)

323 A.2d 525

ANTHONY SCALISE, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, DEBTOR IN REORGANIZATION AND THE TRUSTEE OF THE PROPERTY OF THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, JOHN E. FARRELL, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1974.

Attorney(s) appearing for the Case

Mr. William F. Tuohey argued the cause for appellants and cross-respondents (Messrs. Milton, Keane & Brady, attorneys).

Mr. Francis Sorin argued the cause for respondent and cross-appellant.

Before Judges KOLOVSKY, FRITZ, and DEMOS.

PER CURIAM.

This negligence action, brought pursuant to the Federal Employers Liability Act, in which a violation of the Safety Appliance Act is alleged, resulted in a verdict for plaintiff in the amount of $36,000. Both sides moved for a new trial, which motions were denied. Defendants appeal, asserting that the verdict was the result of "mistake, passion, prejudice or partiality," and claiming reversible error in the judge's charge. Plaintiff cross-appeals, urging...

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