(dissenting). Justices Jacobs and Pbafcis would reverse the judgment for the reasons expressed by the late Chief Justice Vanderbilt in his dissenting opinion in the Reimann case, 9 N. J. at page 140 el seq. See also, Seavey, “The Waterworks Cases and Stare Decisis,” 66 Harv. L. Rev. 84 (1952).
For affirmance—Chief Justice Weintraub, and Justices Waci-iefeeTjD, Bubling and Peoctor—4.
For reversal—Justices Heher, Jacobs and Prancis—3.