Di Fiore v. Erie-Lackawanna Railroad

Matthews, J. C. C.

(temporarily assigned). Defendant James Cannella moves to set aside service of process made upon him through the Director of the Division of Motor Yehicles, on the ground that he did not cease to become a resident of New Jersey, as required by N. J. S. A. 39 :7-2.1 for such substituted service.

The facts surrounding service through the Director are as follows:

On or about April 13, 1958, Cannella, while driving his motor vehicle, was involved in a collision with a railroad train owned and operated by defendant, Erie-Lackawanna Railroad Company, at a grade crossing, maintained…