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JOSEPH TOKER CO., INC. v. LEHIGH VALLEY R. CO.

23 N.J. Super. 289 (1952)

92 A.2d 815

JOSEPH TOKER COMPANY, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEHIGH VALLEY RAILROAD COMPANY, A CORPORATION OF PENNSYLVANIA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1952.

Attorney(s) appearing for the Case

Mr. Jules E. Tepper argued the cause for plaintiff-appellant (Messrs. Tepper, Tepper & Verney, attorneys; Mr. Bernard Verney and Mr. Ira D. Dorian on the brief).

Mr. Arthur J. Blake argued the cause for defendant-respondent (Messrs. Emory, Langan & Lamb, attorneys).

Before Judges McGEEHAN, BIGELOW and SMALLEY.

The opinion of the court was delivered by SMALLEY, J.S.C.

This appeal is taken from a judgment entered in favor of the defendant by the Hudson County District Court sitting without a jury.

Plaintiff is a retail coal dealer in the City of Elizabeth. It is an established practice of retail coal dealers to purchase coal from producers in Pennsylvania, which coal is transported to the yards of the dealers by railroads. The usual manner in which the transaction...

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