Eden v. Conrail

The opinion of the Court was delivered by

HANDLER, J.

This case is the companion case to Renz v. Penn Central Corp., 87 N.J. 437 (1981). In this case the plaintiff, William Eden, fell onto Conrail’s railroad tracks while suffering from a grand mal epileptic seizure. Plaintiff brought a negligence action seeking damages for personal injuries caused when he was struck by a train operated by defendant Dorrman and owned by defendant Conrail. The complaint against Conrail was dismissed at the end of plaintiff’s case on the theory that the railroad immunity act, N.J.S.A. 48:12-152, precluded…