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RAPP v. PUB. SERVICE COORDINATED TRANSPORT, INC.

15 N.J. Super. 305 (1951)

83 A.2d 355

JOHN RAPP, PLAINTIFF-RESPONDENT, v. PUBLIC SERVICE COORDINATED TRANSPORT, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 11, 1951.

Attorney(s) appearing for the Case

Mr. Charles A. Rooney, attorney for and of counsel with plaintiff-respondent, argued the cause.

Mr. Edward S. Kirby argued the cause for the defendant-appellant (Mr. Carl T. Freggens, attorney).

Before Judges JACOBS, PROCTOR and WAESCHE.

The opinion of the court was delivered by PROCTOR, J.S.C.

Defendant appeals from an adverse judgment of the Hudson County Court, entered as the result of a jury verdict.

On September 26, 1947, at about 5:00 P.M., the plaintiff's tractor-trailer was being operated by his employee, Simpson, in a southerly direction along Grove Street, Jersey City. While passing under a trestle of the Pennsylvania Railroad Company, which crosses Grove Street at Railroad Avenue...

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