STATE v. GENSER TRUCKING CO., INC.


87 N.J. Super. 43 (1965)

207 A.2d 721

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GENSER TRUCKING CO., INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Passaic County Court, Law Division — Criminal.

Decided January 21, 1965.


Attorney(s) appearing for the Case

Mr. Donald L. Raff, Deputy Attorney General, for plaintiff (Mr. Arthur J. Sills, Attorney General, attorney).

Mr. Louis P. Caroselli for defendant.


DUFFY, J.C.C.

The sole issue to be resolved in this case is whether the New Jersey State weighing station in Wayne is a public scale within the meaning of N.J.S.A. 39:3-84.3. If the statute is construed to include such scales, then the two-mile limitation applies; otherwise it does not.

The statute itself sets out the standards and penalties to be applied. It seems clearly to restrict the law enforcement officers who are empowered to act thereunder...

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