Potter v. Charles v. Finch & Sons

This case involves the issue of the liability of defendant-railroad and the members of one of its train crews for an accident to an eleven year-old boy. On December 5, 1972, the boy, while walking on defendant’s railroad tracks, was struck by a train and severely injured. Suit was filed by the boy’s mother individually and as guardian ad litem for the boy, against the railroad and the members of the crew of the train which struck him.1

*501• Motions for summary judgment were filed on behalf of the railroad and its employees, relying on N. J. S. A. 48:12-152 which, inter alia, provides that any…