SAFEWAY TRAILS, INC. v. FURMAN


77 N.J. Super. 26 (1962)

185 A.2d 245

SAFEWAY TRAILS, INC., A CORPORATION OF THE STATE OF MARYLAND, PLAINTIFF, v. DAVID D. FURMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY AND HEAD OF THE DEPARTMENT OF LAW AND PUBLIC SAFETY; NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES AND JOHN A. KERVICK, STATE TREASURER OF NEW JERSEY, DEFENDANTS. THE GREYHOUND CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF, v. JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY, AND NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, DEFENDANTS. LINCOLN TRANSIT CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, HILL BUS CO., A CORPORATION OF NEW JERSEY, ROCKLAND COACHES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, HUDSON BUS TRANSPORTATION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, SOMERSET BUS CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DeCAMP BUS LINES, A CORPORATION OF THE STATE OF NEW JERSEY, MANHATTAN TRANSIT COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND WESTWOOD TRANSPORTATION LINES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 29, 1962.


Attorney(s) appearing for the Case

Mr. Merritt Lane, Jr. for plaintiff, Greyhound Corporation, and on behalf of all of the attorneys for all other plaintiffs (Messrs. McCarter & English, attorneys).

Mr. Joseph Harrison for plaintiff Safeway Trails, Inc. (Messrs. Harrison & Jacobs, attorney).

Mr. George M. Eichler, for plaintiff Lincoln Transit Co., Inc., and the seven other plaintiffs joined therein.

Mr. Alan B. Handler, Deputy Attorney General, for all defendants. (Mr. Arthur J. Sills, Attorney General of the State of New Jersey, attorney).


GIULIANO, J.S.C.

On July 31, 1962 this court handed down its decision in the above entitled consolidated case. 76 N.J.Super. 90 by its opinion this court determined that the State of New Jersey could not validly impose a tax on the plaintiff carriers pursuant to R.S. 48:4-20, based on the mileage travelled by the buses of the plaintiffs over the New Jersey Turnpike and...

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