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STATE BY FURMAN v. ELIZABETHTOWN WATER CO.

40 N.J. 280 (1963)

191 A.2d 457

STATE OF NEW JERSEY, BY DAVID D. FURMAN, ATTORNEY GENERAL, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. ELIZABETHTOWN WATER COMPANY, A NEW JERSEY CORPORATION (SUCCESSOR BY CONSOLIDATION TO PLAINFIELD-UNION WATER COMPANY AND ELIZABETHTOWN WATER COMPANY CONSOLIDATED), DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided June 3, 1963.

Attorney(s) appearing for the Case

Mr. William M. Feinberg argued the cause for plaintiff-appellant and cross-respondent (Mr. Charles J. Kehoe and Mr. H. Douglas Stine, of counsel; Mr. William M. Feinberg and Mr. Alan Goldstein, on the brief).

Mr. John R. Sailer argued the cause for defendant-respondent and cross-appellant.

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

The Appellate Division, in a full opinion by Judge Kilkenny, rejected the plaintiff's appeal and the defendant's cross-appeal from judgments entered in the Chancery Division. State v. Plainfield-Union Water Co., 75 N.J.Super. 571 (1962). We granted certification on petitions by the parties. 38 N.J. 498 (1962).

The State instituted...

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