Rahway Valley Railroad v. Board of Public Utility Commissioners

The opinion of the court was delivered by

Heher, J.

The question at issue is the propriety of the action of the Board of Public Utility Commissioners granting leave to the State Highway Commissioner, under R. S. 1937, 48:2-28, to construct an additional width to State Highway Route No. 29 at grade over prosecutor’s right of way and tracks in the Township and County of Union, in this state.

Route 29 is now a three lane single highway 29 feet wide, crossing prosecutor’s railroad at grade under a permit granted by the Utility Commissioners on April 22d, 1929; and the plan now under attack provides…