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VACIRCA v. CONSOLIDATED RAIL CORP.

192 N.J. Super. 412 (1983)

470 A.2d 50

SALVATORE VACIRCA, PLAINTIFF, v. CONSOLIDATED RAIL CORP., A PENNSYLVANIA CORP., JOHN DOE (A FICTITIOUS NAME), STATE OF NEW JERSEY, UNITED STATES CUSTOMS SERVICE, JAMES POE (A FICTITIOUS NAME), OFFICER OF THE HUDSON COUNTY PROSECUTOR, JOSEPH ROE (A FICTITIOUS NAME), DIV. OF ALCOHOLIC BEVERAGE CONTROL, AND JEFFREY TOE, (A FICTITIOUS NAME), DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided November 7, 1983.

Attorney(s) appearing for the Case

Steven Menaker, for plaintiff (Miller & Menaker, attorneys).

Robert M. Turrin, Deputy Atty. Gen., for defendants (Irwin I. Kimmelman, Attorney General of New Jersey).

CASTANO, J.S.C.

Under what now is an established line of cases in New Jersey, a railroad may not be held vicariously liable for acts of railroad policemen committed when they are performing police-type functions even though at that time they are clearly employees of the railroad which pays their salaries and can fire them at will. See Trangone v. Penn Central Transp. Co., 176 N.J.Super. 506 (App.Div. 1980); Evanyke...

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