THE AMERICAN AGRICULTURAL, c., CO. v. MURPHY, 136 N.J.L. 193 (1947)

54 A.2d 719

THE AMERICAN AGRICULTURAL CHEMICAL COMPANY, RELATORS-RESPONDENTS, v. VINCENT J. MURPHY, JOHN A. BRADY, MEYER C. ELLENSTEIN, JOHN B. KEENAN, RALPH A. VILLANI, AND CITY OF NEWARK, A MUNICIPAL CORPORATION, RESPONDENTS-APPELLANTS.

Court of Errors and Appeals.Argued May 20, 1947 —
Decided September 12, 1947.

On appeal from the Supreme Court.

For the relators-respondents, Hannoch Lasser (Herbert J. Hannoch and Morris Weinstein, of counsel).

For the respondents-appellants, Thomas L. Parsonnet (Joseph A. Ward, of counsel).

PER CURIAM.

This case is controlled by our decision to-day in the case o Brown v. Murphy, 136 N.J.L. 183.

The only distinction is that the city, in this case, pursuant to statutory authority (R.S. 40:179-34), established and constructed a seaport and industrial terminal and the lands of the respondents were incorporated therein, and that the city was given the power to condemn by R.S. 40:179-34.

The judgment under appeal is affirmed.

For affirmance — THE CHANCELLOR, BODINE, DONGES, COLIE, WACHENFELD, EASTWOOD, BURLING, WELLS, DILL, FREUND, McGEEHAN, McLEAN, JJ. 12.

For reversal — None.

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