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S. B. PENICK & CO. v. NEW YORK CENT. R. CO.

No. 7225.

111 F.2d 1006 (1940)

S. B. PENICK & CO. et al. v. NEW YORK CENT. R. CO. et al.

Circuit Court of Appeals, Third Circuit.

May 3, 1940.

Attorney(s) appearing for the Case

Lichtenstein, Schwartz & Friedenberg, of Hoboken, N. J. (David Friedenberg, of Hoboken, N. J., of counsel; and Howard Engel, of Hoboken, N. J., on the brief), for appellants.

John A. Bernhard, of Newark, N. J., for appellee Public Utility Commission of New Jersey.

Collins & Corbin, of Jersey City, N. J. (Edward A. Markley, of Jersey City, N. J., of counsel; and Raymond J. Lamb, of Jersey City, N. J., on the brief), for appellee Erie R. Co.

John A. Hartpence, of Jersey City, N. J., for appellee New York Cent. R. Co.

Before BIGGS, MARIS, and JONES, Circuit Judges.

BIGGS, Circuit Judge.

The appellants own certain improved real estate abutting on Willow Avenue, a public highway in Hoboken, New Jersey. Willow Avenue, prior to the happening of the events set forth in the complaint, was crossed at grade by the appellee railroad companies' tracks. These companies, pursuant to an order of the Board of Public Utility Commissioners of New Jersey, constructed a viaduct and carried Willow Avenue above and across the tracks. Part of the...

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