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COUNTY OF BERGEN v. BD. OF PUBLIC UTILITY COM'RS

5 N.J. Super. 185 (1949)

68 A.2d 645

COUNTY OF BERGEN, PLAINTIFF-APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, EMMITT T. DREW, SECRETARY, BOARD OF PUBLIC UTILITY COMMISSIONERS, WEST SHORE RAILROAD COMPANY AND THE NEW YORK CENTRAL RAILROAD COMPANY, LESSEE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1949.

Attorney(s) appearing for the Case

Mr. Milton T. Lasher, attorney for and of counsel with plaintiff-appellant, argued the cause.

Mr. Joseph A. Davis argued the cause for the defendants-respondents (Messrs. O'Mara, Conway & Schumann, attorneys).

Before Judges McGEEHAN, COLIE and EASTWOOD.

The opinion of the court was delivered by EASTWOOD, J.A.D.

The County of Bergen appeals an order of the Board of Public Utility Commissioners limiting the defendant railroad's responsibility to maintain and repair the Main Street-De Graw Avenue bridge in the Borough of Bogota to that portion within the limits of its right of way.

On November 8, 1948, the County of Bergen applied to the Board for an order requiring defendant railroad companies to make necessary...

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