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LATZONI v. CITY OF GARFIELD

22 N.J. 84 (1956)

123 A.2d 531

NICHOLAS LATZONI AND MIRIAM TEICH, PLAINTIFFS-RESPONDENTS, v. CITY OF GARFIELD, A MUNICIPAL CORPORATION, D. STAMATO AND COMPANY, INC., A BODY CORPORATE, AND NEW YORK, SUSQUEHANNA AND WESTERN RAILROAD COMPANY, INC., LIKEWISE A BODY CORPORATE, DEFENDANTS-APPELLANTS. JOSEPH H. MILLER, PLAINTIFF-RESPONDENT, v. CITY OF GARFIELD, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 25, 1956.

Attorney(s) appearing for the Case

Mr. Ervan F. Kushner argued the cause for the appellant City of Garfield (Mr. Robert Kleiner, on the brief; Mr. Theodore R. Ciesla, attorney).

Mr. William T. Wachenfeld argued the cause for the appellant New York, Susquehanna and Western Railroad Company, Inc. (Messrs. Lum, Fairlie & Foster, attorneys).

Mr. Abram Simon argued the cause for the respondents (Mr. Aaron Dines, on the brief; Mr. Louis Steisel, attorney for the respondent Joseph H. Miller; Mr. Joseph Teich, attorney for the respondents Nicholas Latzoni and Miriam Teich).

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

These are actions in tort for "active wrong-doing" laid to the City of Garfield and for the allegedly concurring negligence of the New York, Susquehanna and Western Railroad Company, Inc. and D. Stamato and Company, Inc. in relation to the use of "the public way" known as Division Avenue, in Garfield, "adjacent to and over the tracks, right of way and grade crossing of the defendant" railroad, "thus bringing about...

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