POTTER v. FINCH & SONS


76 N.J. 499 (1978)

388 A.2d 614

STEPHEN GARDINE POTTER A/K/A STEVEN POTTER A/K/A STEVEN GARDINE A/K/A STEPHEN GARDINE, AN INFANT BY HIS GUARDIAN AD LITEM, VALDERINE OLIVIA POTTER AND VALDERINE OLIVIA POTTER, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CHARLES V. FINCH & SONS, A CORPORATION OF NEW JERSEY, CLARENCE FINCH, SR. AND CLARENCE FINCH, JR., INDIVIDUALLY AND TRADING AS CLARENCE V. FINCH & SONS AND/OR CHARLES V. FINCH & SONS, MONGIELLO BROS. FUEL OIL & COAL, INC., 100 GARFIELD CORP., DEFENDANTS, AND RICHARD HEGIE, ROBERT CHAPTON, JOE GUGLIUCCI, J. CARROLL AND T.D. TIMPANY, TRUSTEE IN BANKRUPTCY OF CENTRAL RAILROAD OF NEW JERSEY, JOINTLY, SEVERALLY OR IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 7, 1978.


Attorney(s) appearing for the Case

Mr. Nathan Beck argued the cause for appellants (Messrs. Davis, Roth & Beck, attorneys).

Mr. Prospero De Bona argued the cause for respondents (Messrs. De Bona & Johnson, attorneys; Mr. Joseph J. Ryglicki on the brief).


PER CURIAM.

This case involves the issue of the liability of defendant-railroad and the members of one of its train crews for an accident to an eleven year-old boy. On December 5, 1972, the boy, while walking on defendant's railroad tracks, was struck by a train and severely injured. Suit was filed by the boy's mother individually and as guardian ad litem for the boy, against the railroad and the members of the crew of the train which struck him.

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