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SAYREVILLE v. PENNSYLVANIA R.R. CO.

44 N.J. Super. 172 (1957)

129 A.2d 895

BOROUGH OF SAYREVILLE, A MUNICIPAL CORPORATION, CITY OF SOUTH AMBOY, A MUNICIPAL CORPORATION, COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION, AND BOARD OF PUBLIC UTILITY COMMISSIONERS, DEPARTMENT OF PUBLIC UTILITIES OF THE STATE OF NEW JERSEY, A STATE ADMINISTRATIVE AGENCY, PLAINTIFFS-RESPONDENTS, v. THE PENNSYLVANIA RAILROAD COMPANY, A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1957.

Attorney(s) appearing for the Case

Mr. Stephen VR. Strong argued the cause for defendant-appellant (Messrs. Strong & Strong and Mr. Windsor S. Cousins, attorneys).

Mr. Joseph T. Karcher argued the cause for plaintiffs-respondents (Mr. John E. Mullane and Mr. Samuel V. Convery, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The question here is whether a railroad company is entitled to 85% financial assistance by the State when ordered to reconstruct a county highway bridge over its railroad tracks. The appellant makes its affirmative contention on that proposition on the basis of L. 1947, c. 178, R.S. 48:12-62, 67.1, 70, 71, 77.

On November 23, 1955...

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