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RENZ v. PENN CENTRAL CORP.

87 N.J. 437 (1981)

435 A.2d 540

FREDERICK RENZ AND MADELINE RENZ, PLAINTIFFS-APPELLANTS, v. PENN CENTRAL CORPORATION, SUCCESSORS IN INTEREST TO ROBERT W. BLANCHETTE, RICHARD C. BOND, AND JOHN H. MACARTHUR, TRUSTEES OF THE PROPERTY OF PENN CENTRAL TRANSPORTATION CORPORATION, DEFENDANT-RESPONDENT, AND CONSOLIDATED RAIL CORPORATION, A PENNSYLVANIA CORPORATION, JOHN DOE, AND RICHARD DOE, UNKNOWN EMPLOYEES OF THE AFORESAID DEFENDANTS, JOINTLY, SEVERALLY, AND IN THE ALTERNATIVE, DEFENDANTS.

The Supreme Court of New Jersey.

Decided September 28, 1981.

Attorney(s) appearing for the Case

Steven K. Kudatzky argued the cause for appellants (Tomar, Parks, Seliger, Simonoff & Adourian, attorneys; Ronald A. Graziano, of counsel).

William B. Scatchard, Jr. argued the cause for respondent (Capehart & Scatchard, attorneys).

The opinion of the Court was delivered by HANDLER, J.

In this case the plaintiff, Frederick Renz, Jr., then age 15, and four companions were walking along Penn Central Railroad tracks, on April 4, 1975, when Renz attempted to cross between the cars of a stationary train by climbing over the coupling. The train moved as Renz was engaged in this activity and he fell beneath the wheels of the train resulting ultimately in the loss of one leg and a fracture of the other...

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