Rector of the Church of the Holy Communion v. Paterson Extension Railroad

The opinion of the court was delivered by

Vroom, J.

This is a writ of error to the Circuit Court of the county of Passaic, and removes the judgment entered in favor of the plaintiff below upon the findings of the Circuit judge, the case having been tried by him without a jury.

The ease 'has been before this court before, and in the opinion of Chief Justice Depue, reported in 37 Vroom 218, the facts on which our decision was then rested are set forth in detail. It is sufficient for the determination of the present ■writ to state the facts substantially as found by Mr. Justice Dixon at the last…