Frederick Renz and Madeline Renz, Plaintiffs-Appellants v. Penn Central Corporation, Successors in Interest to…

Summary

The Supreme Court of New Jersey held that the railroad immunity statute N.J.S.A. 48:12-152, originally grounded in contributory negligence, must be read in light of the later Comparative Negligence Act, so that recovery is no longer absolutely barred but subject to comparative fault apportionment. The Court reversed the lower court's denial of the motion to strike the immunity defense and remanded for trial on the comparative negligence standard. Justice Schreiber filed a concurring opinion disagreeing with the majority's reinterpretation of the statute.