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D., L. &. W.R. CO. v. DIVISION OF TAX APPEALS

3 N.J. 27 (1949)

68 A.2d 749

DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY, APPELLANT, v. DIVISION OF TAX APPEALS, NEW JERSEY STATE DEPARTMENT OF TAXATION AND FINANCE, ET AL., RESPONDENTS. WALTER P. GARDNER, TRUSTEE OF THE PROPERTY OF THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, APPELLANT, v. DIVISION OF TAX APPEALS, NEW JERSEY STATE DEPARTMENT OF TAXATION AND FINANCE, ET AL., RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 17, 1949.

Attorney(s) appearing for the Case

Mr. David I. Mackie, of the New York Bar, argued the cause for appellant Delaware, Lackawanna & Western Railroad Company (Messrs. Carpenter, Gilmour & Dwyer, attorneys).

Mr. James D. Carpenter argued the cause for appellant Walter P. Gardner, trustee of the property of The Central Railroad Company of New Jersey.

Mr. Benjamin C. Van Tine argued the causes for respondents (Mr. Theodore D. Parsons, Attorney General of New Jersey, attorney).

Mr. Frank P. McCarthy argued the cause for respondent City of Jersey City (Mr. John B. Graf and Mr. Jacob J. Levey, on the brief).

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

These are appeals from judgments of the Appellate Division of the Superior Court affirming judgments of the Division of Tax Appeals, Department of Taxation and Finance, against the Delaware, Lackawanna and Western Railroad Company for the tax years 1942 to 1946 inclusive and against the Central Railroad Company of New Jersey for the tax year 1946.

The former company...

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