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BOROUGH OF SAYREVILLE v. PENNSYLVANIA R.R. CO.

26 N.J. 197 (1958)

139 A.2d 97

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

The Supreme Court of New Jersey.

Reargued January 6, 1958.

Decided February 24, 1958.

Attorney(s) appearing for the Case

Mr. Stephen VR. Strong argued the cause for appellant (Messrs. Strong & Strong, attorneys; Messrs. Stephen VR. Strong and Windsor F. Cousins, of the Philadelphia Bar, of counsel).

Mr. Joseph T. Karcher argued the cause for respondents (Mr. Joseph T. Karcher, attorney for Borough of Sayreville; Mr. John E. Mullane, attorney for City of South Amboy; Mr. Samuel V. Convery, attorney for County of Middlesex. Messrs. Joseph T. Karcher, John E. Mullane and Samuel V. Convery, of counsel).

Mr. Howard T. Rosen, Deputy Attorney-General, argued the cause for respondent Board of Public Utility Commissioners (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney; Mr. Howard T. Rosen, of counsel and on the brief).

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

On July 25, 1956 the Board of Public Utility Commissioners ordered appellant railroad to reconstruct a bridge over its right-of-way in the Borough of Sayreville at the railroad's cost. The estimated cost is $110,000. The railroad conceived that under L. 1947, c. 178 (N.J.S.A. 48:12-67.1) it should pay but 15% of the cost and the Board the balance. It petitioned the Board to modify the order...

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