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IN RE APPLICATION OF PENNSYLVANIA & NEWARK R.R. CO.

31 N.J. 146 (1959)

155 A.2d 761

IN THE MATTER OF THE APPLICATION OF PENNSYLVANIA & NEWARK RAILROAD COMPANY FOR THE CANCELLATION OF TAX ASSESSMENTS FOR THE YEARS 1906 THRU 1956, INCLUSIVE, MADE BY THE DIRECTOR OF TAXATION OF THE STATE OF NEW JERSEY.

The Supreme Court of New Jersey.

Argued October 27, 1959.

Decided November 23, 1959.

Attorney(s) appearing for the Case

Mr. David M. Satz, Jr., Deputy Attorney General, argued the cause for appellant (Mr. David D. Furman, Attorney General of New Jersey, attorney; Mr. Stephen F. Lichenstein and Mr. Robert E. Frederick, Deputy Attorneys General, on the brief).

Mr. Edward J. O'Mara argued the cause for respondent (Messrs. O'Mara, Schumann, Davis & Lynch, attorneys; Mr. Stephen VR. Strong, of counsel; Mr. James A. Hession, on the brief).

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

The State Division of Tax Appeals cancelled certain tax assessments imposed upon the Pennsylvania & Newark Railroad Company for the years 1906 through 1956 by the Director of the Division of Taxation. An appeal was taken to the Appellate Division and we certified it before argument there.

On December 19, 1905, the Pennsylvania & Newark Railroad Company (hereafter called P & N) was granted a...

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