In Re Greenberg

The opinion of the court was delivered by

Vanderbilt, C. J.

The respondent in his brief and in his oral argument in Shellhammer v. Lehigh Valley Railroad Company, 14 N. J. 341 (1954) contended that:

“it is shown by ‘uncontradicted evidence’ that ‘an interval of 15 to 20 minutes had elapsed between the all-clear signal, followed by the air-brake test, which took thirty seconds, and the actual starting of the train by Hann, the defendant’s engineer;’ that ‘no one was assigned to check up and take any steps to ascertain if a change of status had occurred during that 15 to 20 minute interval during…