W. Shore R. Co. v. Bd. of Pub. Util. Comm'rs

• Decision Date: 05 January 1934
• Docket Number: No. 24.,24.
• Citation: 169 A. 829
• Parties: WEST SHORE R. CO. et al. v. BOARD OF PUBLIC UTILITY COMMISSIONERS.
• Court: New Jersey Supreme Court

169 A. 829

WEST SHORE R. CO. et al.

v. BOARD OF PUBLIC UTILITY COMMISSIONERS.

No. 24.

Court of Errors and Appeals of New Jersey.

Jan. 5, 1934.

Appeal from Supreme Court.

Certiorari by the West Shore Railroad Company and another to review an order of the Board of Public Utility Commissioners. The writ of certiorari was discharged by the Supreme Court (164 A. 688, 11 N. J. Misc. 149), and the prosecutors appeal.

Affirmed.

Wall, Haight, Carey & Hartpence, of Jersey City, for appellants.

John A. Bernhard and Frank H. Sommer, both of Newark, for respondent.

PER CURIAM.

The question before the Supreme Court was whether, to quote the language of the opinion of that court, the board in adopting the crossing plan called "P-5 revised" instead of plan "B-2," made a determination not reasonably supported by the evidence, or that its order was unreasonable and in violation of prosecutors' rights. That question the Supreme Court decided in the negative. It was essentially a question of fact, and determined on the voluminous, and to some extent contradictory, evidence. The finding of the Supreme Court was substantially supported by evidence, and such a finding, on well-settled rules, is controlling here.

The judgment of the Supreme Court is therefore affirmed.

For affirmance: The CHANCELLOR, the CHIEF JUSTICE, Justices TRENCHARD. PARKER, LLOYD, CASE, HEHER, and PERSKIE, and Judges VAN BUSKIRK. KAYS, HETFIELD, DEAR, WELLS, DILL —14.

For reversal: None.