McMinn v. Consolidated Rail Corp.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

This action involves a collision between a Consolidated Rail Corporation (“Conrail”) train and an automobile operated by plaintiff, Angeliki McMinn.1 Jurisdiction is based on diversity of citizenship, and the parties agree that New Jersey law is controlling. The case was tried to a jury, which found that Conrail was negligent in failing to maintain a safe railroad crossing by not providing gates and bells and in failing to maintain timbers along the rail, and that plaintiff’s comparative negligence was 25%. Conrail moves for judgment…