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ACKEN v. CAMPBELL

134 N.J. Super. 481 (1974)

342 A.2d 209

HARRIET ACKEN, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ROBERT C. ACKEN, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. JAMES ALLEN CAMPBELL, DEFENDANT, AND THE READING COMPANY, A PENNSYLVANIA CORPORATION, AND THE ELIZABETHTOWN WATER COMPANY, A NEW JERSEY CORPORATION, DEFENDANTS-APPELLANTS, CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 7, 1974.

Attorney(s) appearing for the Case

Mr. Raymond W. Troy argued the cause for defendant-appellant and cross-respondent The Reading Company (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. Michael F. Spiessbach on the brief).

Mr. Frank Gallagher argued the cause for defendant-appellant and cross-respondent The Elizabethtown Water Company (Mr. Gallagher and Messrs. Hueston, Hueston & Sheehan, attorneys; Mr. James G. Leonardson and Mr. Clifford J. Sheehan on the brief).

Mr. Albert G. Besser argued the cause for the plaintiff-respondent and cross-appellant (Messrs. Hannoch, Weisman, Stern & Besser, attorneys; Mr. Joseph J. Fleischman on the brief).

Before Judges COLLESTER, LYNCH and MICHELS.

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

Plaintiff Harriet Acken, individually and as executrix of the estate of Robert C. Acken (decedent), instituted this action to recover damages for the wrongful death of decedent, her husband, as the result of an accident at a railroad crossing. The action was originally instituted against defendants The Reading Company (railroad) and its engineer James Allen Campbell. At the first pretrial

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