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LEHIGH, ETC., RAILWAY CO. v. DEPT. OF PUBLIC UTIL.

14 N.J. 440 (1954)

102 A.2d 633

THE LEHIGH AND HUDSON RIVER RAILWAY COMPANY, ET AL., APPELLANTS, v. DEPARTMENT OF PUBLIC UTILITIES, BOARD OF PUBLIC UTILITY COMMISSIONERS, STATE OF NEW JERSEY, RESPONDENT. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN, BROTHERHOOD OF RAILROAD TRAINMEN, ORDER OF RAILWAY CONDUCTORS AND BROTHERHOOD OF LOCOMOTIVE ENGINEERS, ADDITIONAL APPELLANTS.

The Supreme Court of New Jersey.

Decided February 1, 1954.

Attorney(s) appearing for the Case

Mr. Raymond J. Lamb argued the cause for the appellants (Messrs. Emory, Langan & Lamb, attorneys; Messrs. Charles W. Hutchinson and Samuel Lyon, on the brief).

Mr. John E. Toolan argued the cause for the additional appellants (Messrs. Toolan, Haney & Romond, attorneys).

Mr. John R. Sailer, Deputy Attorney-General, argued the cause for the respondent (Mr. Theodore D. Parsons, Attorney-General, and Mr. Frank H. Sommer, attorneys).

The opinion of the court was delivered by JACOBS, J.

This is the companion case referred to in the opinion in Pennsylvania Railroad Company v. Department of Public Utilities, 14 N.J. 411 (1954).

Paragraph I of the board's order directs that the railroads named therein establish as minimum practice the "physical examination of enginemen and firemen in road service at least once...

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