Atlas Finishing Co. v. Hackensack Water Co.

Ackebson, S. C. 0.

The complaint in this action is in three counts and the answer reserves the right to object, on or before the trial, that each of said counts fails to set forth a cause of action.

The matter now comes before me upon a motion pursuant to rule 40 of this court to determine the questions thus raised before the trial. The plaintiff in its brief expressly abandons the second and third counts, so they will be stricken out.

The first count alleges in substance that on June 23d, 1921, the defendant w'as a “public utility,” as defined in “An act concerning public utilities, to create a…