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STATE v. NEW YORK CENTRAL RAILROAD CO.

37 N.J. Super. 42 (1955)

116 A.2d 800

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NEW YORK CENTRAL RAILROAD COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 21, 1955.

Attorney(s) appearing for the Case

Mr. Joseph A. Davis argued the cause for defendant-appellant (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys).

Mr. William Arnold argued the cause for plaintiff-respondent (Messrs. Guy W. Calissi and Joseph M. Lynch, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Defendant was convicted before the municipal magistrate of the Borough of Dumont, and again, on appeal by hearing de novo in the Bergen County Court, of violation of a provision of a municipal ordinance to the effect that:

"Whatever loud and unnecessary noise which disturbs the public peace, * * * between the hours of Eleven o'clock P.M. and Seven...

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