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GENOVESE v. NJ TR. RAIL OPERATIONS

234 N.J. Super. 375 (1989)

560 A.2d 1272

ANTHONY J. GENOVESE, PLAINTIFF-RESPONDENT, v. NEW JERSEY TRANSIT RAIL OPERATIONS, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 1989.

Attorney(s) appearing for the Case

Benjamin Clarke, Deputy Attorney General argued the cause for appellant (Donald R. Belsole, Acting Attorney General, attorney, James J. Ciancia, Assistant Attorney General, of counsel, Benjamin Clarke, on the brief).

Jeffrey M. Keiser argued the cause for respondent (Ballen, Keiser, Gertel & Feldman, attorneys, Jeffrey M. Keiser, on the brief).

Before Judges GAULKIN, R.S. COHEN and A.M. STEIN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

Plaintiff was employed by defendant as a train ticket collector. On New Year's Eve, patronage by rowdy celebrants skyrocketed in response to defendant's offer of free rides. Plaintiff, two other operating employees of New Jersey Transit and two Amtrak police officers were in charge of a ten-car train with 1170 seats which left New York City at 1:30 a.m. There were 1300 to 2500 passengers.

The situation...

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