ROSELLE v. LEHIGH VALLEY RAILROAD CORP.


145 N.J. Super. 427 (1976)

368 A.2d 359

BOROUGH OF ROSELLE, A MUNICIPAL CORPORATION AND BOROUGH OF ROSELLE PARK, A MUNICIPAL CORPORATION, PLAINTIFFS-RESPONDENTS, v. LEHIGH VALLEY RAILROAD CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1976.


Attorney(s) appearing for the Case

Mr. Louis A. Ruprecht argued the cause for appellant (Messrs. Ruprecht and Graham, attorneys).

Mr. Irving F. Sturm argued the cause for respondent Borough of Roselle.

Mr. Robert L. Sheldon argued the cause for respondent Borough of Roselle Park.

Before Judges MATTHEWS, SEIDMAN and HORN.


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

This lawsuit against the Lehigh Valley Railroad Company, though brought on behalf of both municipalities, was actually prosecuted by the Borough of Roselle. It was, in part, a declaratory judgment action seeking an adjudication as to the ownership of a certain bridge and a declaration that the borough was not obligated to assume future responsibility for its...

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