Claude Mack v. Lehigh Valley Railroad Company

The appeal at bar is without merit. It is clear that the appellant, Mack, when he sustained his injuries, was a trespasser on the Railroad’s prop erty, and that, as such, he was within the purview of N.J.S.A. 48:12-152 which, in substance, is a bar to recovery by trespassers, against a railroad, based upon the negligence of the latter. As the defendant Railroad conceded at pretrial, it cannot invoke the provisions of this statute if it wilfully and wantonly injured the plaintiff. Kowaleski v. Pennsylvania Railroad Co., 3 Cir., 103 F.2d 827, certiorari denied 1939, 308 U.S. 556, 60 S.Ct. 95,…