Tuffarella v. Erie Railroad

This action is one to recover damages for personal injury sustained by plaintiff in an accident which occurred in the State of New Jersey. At the time of the occurrence, plaintiff was a passenger in an automobile owned by his employer, the third-party defendant, Star Corrugated Box Company (hereafter referred to as “Star”). The automobile, then being operated by another of Star’s employees, collided with a train owned and operated by the third-party plaintiff, Erie Railroad Company (hereafter referred to as “Erie”). Plaintiff sued Erie only, without joining Star as a party defendant.…