Lehigh & Hudson River Railway Co. v. Department of Public Utilities

Heher, J.

(dissenting in part). I would modify the judgment here in accordance with the views expressed in my dissent in Pennsylvania Railroad Co. v. Department of Public Utilities, this day decided, 14 N. J. 411 (1954); otherwise, I concur in the reasoning and result of the opinion of Mr. Justice Jacobs.

For modification and remandment — Chief Justice Vanderbilt, and Justices Oliphant, Wachenfeld, Burling, Jacobs and Brennan — 6.

For modification — Justice Heher — 1.