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COLE v. PENNSYLVANIA RAILROAD COMPANY

1 N.J. Super. 254 (1949)

64 A.2d 96

EDWARD H. COLE, PLAINTIFF-APPELLANT, v. THE PENNSYLVANIA RAILROAD COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1949.

Attorney(s) appearing for the Case

Mr. Harold J. Sklarew, attorney for the plaintiff-appellant, argued the cause.

Mr. Stephen V.R. Strong argued the cause for the defendant-respondent (Messrs. Strong & Strong, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

The sole issue here, and on which plaintiff submitted his case to the First Judicial District Court of the County of Middlesex, sitting without a jury, is "Does the `Railroad Fence Act', R.S. 48:12-46, impose an absolute liability upon the defendant company, under the circumstances here, for the damages suffered by plaintiff in the loss of his cow?" An adverse judgment was rendered against the plaintiff...

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