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MACK TRUCKS, INC. v. READING CO., INC.

148 N.J. Super. 387 (1977)

372 A.2d 1108

MACK TRUCKS, INC., PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. READING COMPANY, INC., A CORPORATION, ET AL., DEFENDANTS-RESPONDENTS, AND THE HEIL CO., A CORPORATION, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1977.

Attorney(s) appearing for the Case

Mr. John L. McGoldrick argued the cause for appellant and cross-respondent Mack Trucks, Inc. (Messrs. McCarter & English, attorneys; Richard D. Quay, on the brief).

Mr. Raymond W. Troy argued the cause for respondents Reading Company, Inc., et al. (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. Wayne J. Positan, on the brief).

Mr. Marc I. Bressman argued the cause for respondent and cross-appellant (Messrs. Budd, Larner, Kent, Gross, Picillo & Rosenbaum, attorneys).

Before Judges MATTHEWS, SEIDMAN and HORN.

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

On August 13, 1971, at about 12:05 a.m., a Reading Company freight train consisting of 129 loaded coal cars, two empties, and three Diesel engines was proceeding through Woodbridge, in Middlesex County, on its way to Carteret. As it approached a spur leading into the adjoining Heil Co. plant the engineer observed that the switch was aligned for the siding, instead of the main track. Despite his immediate application...

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