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D., L. & W. R. CO. v. CITY OF HOBOKEN

16 N.J. Super. 543 (1951)

85 A.2d 200

DELAWARE, LACKAWANNA & WESTERN RAILROAD COMPANY, PLAINTIFF-APPELLANT AND RESPONDENT, v. CITY OF HOBOKEN, AND OTHERS, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1951.

Attorney(s) appearing for the Case

Mr. Raymond J. Lamb argued the cause for the appellant and respondent, D.L. & W. Railroad Company (Messrs. Markley & Broadhurst, attorneys; Messrs. Edward A. Markley and Donald R. Creighton, of counsel).

Mr. Milton B. Conford argued the cause for respondents and cross-appellants, City of Hoboken and City of Jersey City (Mr. Dominick J. Marrone, attorney for City of Hoboken; Mr. John B. Graf, corporation counsel and attorney for City of Jersey City).

Mr. Benjamin C. Van Tine argued the cause for the State of New Jersey (Mr. Theodore D. Parsons, Attorney-General).

Before Judges JACOBS, EASTWOOD and BIGELOW.

BIGELOW, J.A.D. (for the court, and also dissenting in part).

In the greater part of this opinion I have the honor to speak for a unanimous court, but at the very end, and that is the most important part, my role becomes one of dissent. The dissent will be plainly designated in order that there may be no uncertainty in that regard.

This matter is before us on cross-appeals from the action of the Division of Tax Appeals settling the assessment of second-class...

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