EDEN v. CONRAIL


175 N.J. Super. 263 (1980)

418 A.2d 278

WILLIAM EDEN, PLAINTIFF-APPELLANT, v. CONRAIL AND ROBERT DORRMAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1980.


Attorney(s) appearing for the Case

Sanford E. Chernin argued the cause for appellant (Chernin & Freeman, attorneys).

John VR. Strong, Jr. argued the cause for respondents (Strong & Strong, attorneys).

Before Judges FRITZ, KOLE and LANE.


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

Plaintiff was struck by a train owned by defendant Conrail and operated by that defendant through its engineer, defendant Dorrman. At the trial of his negligence action against these defendants the complaint against Conrail was dismissed at the end of plaintiff's case on the theory that the railroad was insulated from liability by N.J.S.A. 48:12-152. A jury found Dorrman not negligent. Plaintiff's motion...

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