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O'NEILL v. STATE HIGHWAY DEPT.

40 N.J. 326 (1963)

191 A.2d 481

CATHERINE O'NEILL, INDIVIDUALLY AND AS EXECUTRIX AND TRUSTEE UNDER THE WILL OF JOHN I. O'NEILL, DECEASED, PLAINTIFF-RESPONDENT, v. STATE HIGHWAY DEPARTMENT OF NEW JERSEY AND DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 6, 1963.

Attorney(s) appearing for the Case

Mr. Robert B. Kroner, Deputy Attorney General, argued the cause for defendants-appellants (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. John C. Heavey, Jr., argued the cause for plaintiff-respondent (Mr. Elmer J. Bennett, of counsel; Messrs. Carpenter, Bennett & Morrissey, attorneys).

The opinion of the court was delivered

PER CURIAM.

The issue is whether plaintiff is entitled to trial by jury of the factual issues involved in this proceeding in lieu of prerogative writ, brought to compel defendants to condemn lands which plaintiff claims to be hers. The trial court held there was no right to jury trial. The Appellate Division reversed, 77 N.J.Super. 262

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