Decided: October 16, 1939.
WILLIAM R. SUTPHEN, PLAINTIFF-RESPONDENT,
COUNTY OF SOMERSET, DEFENDANT-APPELLANT
On appeal from judgment of the Supreme Court, entered on an order of a Circuit Court Judge, sitting as a commissioner, whose opinion is printed in 17 N.J. Mis. R. 133.
For the appellant, Lum, Tamblyn & Fairlie and Grover F. Kipsey (Ralph E. Lum, of counsel).
For the respondent, T. Girard Wharton.
[123 NJL Page 415]
This case is ruled by Crater v. County of Somerset, decided at the current term of this court on an opinion filed herewith, reported in 123 N.J.L. 407.
Since the conclusions therein stated are dispositive of the merits of the cause of action pleaded herein, the judgment is reversed, and the record is remanded to the end that the complaint be struck out and judgment final entered for defendant.
For affirmance -- DONGES, PERSKIE, JJ. 2.
For reversal -- THE CHANCELLOR, CHIEF JUSTICE, PARKER, BODINE, HEHER, PORTER, HETFIELD, DEAR, WELLS, WOLFS-KEIL, RAFFERTY, HAGUE, JJ. 12.