Port Richmond & Bergen Point Ferry Co. v. Freeholders of Hudson County

Decision Date04 March 1912
Citation82 N.J.L. 536,82 A. 729
PartiesPORT RICHMOND & BERGEN POINT FERRY CO. v. FREEHOLDERS OF HUDSON COUNTY.
CourtNew Jersey Supreme Court

Error to Supreme Court.

Certiorari by the Port Richmond & Bergen Point Ferry Company against the Board of Freeholders of Hudson County to review resolutions of the board fixing rates. From a judgment affirming the resolutions (80 N. J. Law, 614, 77 Atl. 1046), the Ferry Company brings error. Affirmed.

Frank Bergen, for plaintiff in error.

John Griffin, for defendant in error.

PER CURIAM. The judgment under review herein should be affirmed for the reasons expressed in the opinion delivered by Mr. Justice Parker in the Supreme Court.

The doubt that was suggested whether the act of Congress, approved June 29, 1906 (Act June 29, 1906, c. 3591, 34 Stat. 584 [U. S. Comp. St. Supp. 1909, p. 1149]), known as the Hepburn Act, interferes with the power of this state to adopt such regulations as are embodied in the resolution of the board of freeholders (this being one of the questions respecting which a reargument was had by order of this court) is disposed of by the concession made by the learned counsel for the plaintiff in error upon the reargument, to the effect that the Hepburn Act, so far as relative, simply extends the Interstate Commerce Act and the jurisdiction of the Interstate Commerce Commission over ferries operated in connection with railroads, and that the ferry of the present plaintiff in error never has been so operated, and that consequently the Hepburn Act has no bearing upon the present case.

The other questions upon which a reargument was ordered need not be considered, because, even were it assumed that they should be answered in a manner favorable to the plaintiff in error, the result would not be changed.

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5 cases
  • State v. Cengiz
    • United States
    • New Jersey Superior Court — Appellate Division
    • June 1, 1990
    ...that an appellate court need not consider an issue that is unnecessary to the appeal. Port Richmond & Bergen Point Ferry Co. v. Freeholders of Hudson County, 82 N.J.L. 536, 82 A. 729 (E. & A.1912), aff'd 234 U.S. 317, 34 S.Ct. 821, 58 L.Ed. 1330 (1914); Sente v. Mayor & Mun. Coun. of Clifto......
  • Toste Farm Corp. v. Hadbury, Inc.
    • United States
    • Rhode Island Supreme Court
    • June 5, 2002
    ... ... At this point, Acebes had local Rhode Island counsel preparing ... ...
  • Port Richmond Bergen Point Ferry Company v. Board of Chosen Freeholders of the County of Hudson
    • United States
    • U.S. Supreme Court
    • June 8, 1914
    ...of the Federal Constitution (80 N. J. L. 614, 77 Atl. 1046), and its judgment was affirmed by the court of errors and appeals. 82 N. J. L. 536, 82 Atl. 729. This writ of error is The plaintiff in error contends that the action of the board is void for the reason that the transportation is i......
  • Port Richmond & Bergen Point Ferry Co. v. Board of Chosen Freeholders of Hudson County
    • United States
    • U.S. District Court — District of New Jersey
    • March 5, 1920
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