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N.J. TPK. AUTH. v. BAYONNE BARREL & DRUM CO.

110 N.J. Super. 506 (1970)

266 A.2d 164

NEW JERSEY TURNPIKE AUTHORITY, PLAINTIFF, v. BAYONNE BARREL & DRUM CO, A NEW JERSEY CORPORATION; FRANK LANGELLA; CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; NATIONAL STATE BANK OF NEWARK, A NEW JERSEY CORPORATION; PETER HOLDING COMPANY, A NEW JERSEY CORPORATION; TILLIE HOLDING COMPANY, A NEW JERSEY CORPORATION; ECONOMY LEASING COMPANY, A PENNSYLVANIA CORPORATION; STATE OF NEW JERSEY; UNITED STATES OF AMERICA, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 27, 1970.

Attorney(s) appearing for the Case

Mr. Thomas C. Mitchell for plaintiff (Mr. Grover C. Richman, Jr., attorney; Mr. Thomas C. Mitchell on the brief).

Mr. Joseph R. McMahon argued the cause for defendant Bayonne Barrel & Drum Co. (Messrs. Lum, Biunno & Tompkins, attorneys; Mr. Joseph R. McMahon on the brief).

OWENS, J.S.C.

The condemnee, Bayonne Barrel & Drum Co., has applied to the court for an award of legal fees and expert witness fees as an element of damages. This motion was made after a struck jury had returned a verdict of $2,767,000 as damages in the eminent domain proceeding. Prior to that the condemnation commissioners had made an award of $2,873,904 as representing just compensation for the taking of the defendant's property.

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