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Central Railroad Co. v. Thayer-Martin

Decided: December 11, 1934.

THE CENTRAL RAILROAD COMPANY OF NEW JERSEY ET AL., PROSECUTORS,
v.
J. H. THAYER-MARTIN, STATE TAX COMMISSIONER, ET AL., RESPONDENTS; PENNSYLVANIA RAILROAD COMPANY ET AL., PROSECUTORS, V. BOARD OF TAX APPEALS ET AL., RESPONDENTS



On certiorari, for the review of the assessments and taxes of 1933 on property used for railroad purposes. Dismissed.

For the prosecutors Central Railroad Company of New Jersey et al., Maximilian J. Stallman and Robert J. Bain (Alexander H. Elder, of counsel).

For the prosecutors Pennsylvania Railroad Company et al., Wall, Haight, Carey & Hartpence.

For the respondents, David T. Wilentz, attorney-general (Duane E. Minard and John Solan, of counsel).

Before Justices Trenchard, Heher and Perskie.

Perskie

The opinion of the court was delivered by

PERSKIE, J. The writs in these cases, numbers 218 and 236, May term, 1934, embrace all of the railroad companies in our state except the New York and Long Branch Railroad Company.

In case number 218, there are forty-eight separate writs of certiorari and they embrace all of the companies except those constituting the Pennsylvania Railroad system.

In case number 236, there are sixteen separate writs of certiorari and they embrace the various companies constituting the Pennsylvania Railroad system.

The subject-matter of all the writs involve the assessments and taxes for the year 1933, upon first and second class property; tangible and personal property; and remaining property, including the franchise. These assessments and taxes are as follows:

Assessment Taxes

Central Railroad Company of

New Jersey $102,351,077 $3,841,726

Lehigh Valley Railroad 45,694,813 1,714,301

Delaware, Lackawanna and West-

ern Railroad 85,386,862 3,304,074

Erie Railroad 50,136,198 1,880,872

New York, Susquehanna and

Western Railroad 9,147,081 339,239

New York Central Railroad 30,010,862 1,183,235

Reading Company 24,369,691 540,098

Raritan River Railroad 1,007,789 40,829

Lehigh and Hudson River Rail-

road 2,144,429 85,048

(With whom are associated six-

teen prosecutors connected with

the Pennsylvania system (No.

236) 133,518,341 5,063,325

The prosecutors in case number 218 assign nine reasons in support of their contention in the premises, namely, that the assessments and taxes levied upon their property are excessive, erroneous, unlawful and unconstitutional. Epitomized, these claims, as pointed out in the opinion of the ...


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