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ERIE R.R. CO. v. BD. OF PUB. UTIL. COMM'RS

64 N.J. Super. 479 (1960)

166 A.2d 597

IN THE MATTER OF AN UNAUTHORIZED CROSSING AT GRADE OVER THE MAIN LINE TRACK OF THE GREENWOOD LAKE BRANCH OF THE ERIE RAILROAD COMPANY IN THE VICINITY OF DEWEY AVENUE IN SINGAC, LITTLE FALLS TOWNSHIP, PASSAIC COUNTY, NEW JERSEY. ERIE RAILROAD COMPANY, APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1960.

Attorney(s) appearing for the Case

Mr. Charles V. Webb, Jr. argued the cause for appellant (Messrs. Gaffey & Webb, attorneys).

Mr. Richard F. Green, Deputy Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. David D. Furman, Attorney General, attorney).

Mr. Mitchel F. Donato argued the cause for respondent Township of Little Falls.

Before Judges CONFORD, FREUND and KILKENNY.

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

Erie Railroad Company, hereinafter referred to as "Erie," appeals from two orders of the Board of Public Utility Commissioners, hereinafter referred to as the "Board," directing Erie to furnish grade crossing protection at the "Dewey Avenue crossing" of the railroad's Greenwood Lake Branch in Singac, Little Falls Township, Passaic County, New Jersey. The crossing protection required was in the form of automatic...

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