New Jersey Court of Chancery, 1921

Public Service Railway Co. v. Barnett

Public Service Railway Co. v. Barnett
New Jersey Court of Chancery · Decided February 9, 1921 · Grieein
92 N.J. Eq. 372; 7 Stock. 372; 116 A. 793; 1921 N.J. Ch. LEXIS 79

Counsel

Mr. Franh Bergen, Mr. L. 0. Howard Gilmour, Mr. E. Ambler Armstrong and Mr. Robert H. McCarter, for the complainant., Mr. Merritt Lane, for the defendant.

Public Service Railway Co. v. Barnett

Opinion of the Court

Grieein, Y. C.

The only difference between this case and Public Service Railway Co. v. Reinhardt, just decided, is that the defendant took out one polic3r of insurance of $5,000, covering the cities of Elizabeth and Newark. This was condemned in Fischer v. Politt, by the supreme court in an opinion filed by Mr. Justice Minturn, January 17th, 1921 (not yet reported), in which he affirmed, a conviction, under the Kates act, for operating where the bond filed included liability occurring in two municipalities. This, however, as indicated in the Reinhardt Case, complainant cannot take advantage of.

A decree will be advised dismissing the bill.'

Case-law data current through December 31, 2025. Source: CourtListener bulk data.