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IN RE CENTRAL RAILROAD CO.

30 N.J. Super. 520 (1954)

105 A.2d 417

IN THE MATTER OF PRIVATE CROSSING AT GRADE OF MAIN LINE TRACK OF THE CENTRAL RAILROAD COMPANY OF NEW JERSEY ON THE ALIGNMENT OF EAST 49TH STREET, BAYONNE, HUDSON COUNTY, NEW JERSEY. CITY OF BAYONNE, APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, DEPARTMENT OF PUBLIC UTILITIES, STATE OF NEW JERSEY AND THE CENTRAL RAILROAD COMPANY OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1954.

Attorney(s) appearing for the Case

Mr. Alfred Brenner argued the cause for the city.

Mr. John R. Sailer argued the cause for the Board (Mr. Grover C. Richman, Jr., Attorney-General).

Mr. William F. Hanlon argued the cause for the railroad.

Before Judges CLAPP, FREUND and SCHETTINO.

The opinion of the court was delivered by CLAPP, S.J.A.D.

The Board of Public Utility Commissioners ordered the Central Railroad Company of New Jersey to vacate and barricade the crossing over its tracks at grade at or near East 49th Street, Bayonne, N.J., because of the hazard to the public and those using the trains. Indeed, on the argument before us, it was admitted by the City of Bayonne that this probably was one of the most dangerous crossings in the State....

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