Truhlar v. Borough of East Paterson

The opinion of the court was delivered by

Burling, J.

This is an appeal by the plaintiff from the involuntary dismissal of his civil action by the Superior Court, Law Division. The appeal is addressed to the Superior Court, Appellate Division, but has been certified on our own motion.

The action seeks damages from the defendant municipality because of the death of the plaintiff’s wife, Isabel Truhlar, resulting from a collision between an automobile being driven by her and a railroad train being operated on tracks of the Hew York, Susquehanna and Western Railroad which intersect Yan Riper Avenue…