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JELINEK v. SOTAK

9 N.J. 19 (1952)

86 A.2d 684

FRANK JELINEK, PLAINTIFF-RESPONDENT, v. JOSEPH SOTAK, DEFENDANT, AND THE PENNSYLVANIA RAILROAD COMPANY, A CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 14, 1952.

Attorney(s) appearing for the Case

Mr. Stephen V.R. Strong argued the cause for the appellant (Messrs. Strong and Strong, attorneys).

Mr. John J. Rafferty argued the cause for the respondent (Messrs. Rafferty and Blacher, attorneys).

The opinion of the court was delivered by OLIPHANT, J.

This is a railroad crossing accident case involving a collision between an automobile delivery truck owned and operated by Sotak and a diesel locomotive of the defendant railroad company. Jelinek was a passenger in Sotak's truck. The litigation consists of an action by Sotak against the railroad company and an action by Jelinek against both Sotak and the railroad company. The causes were consolidated for trial...

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