River Development Corp. v. Liberty Corp. ( 1959 )

Proctor, J.

(concurring). I agree that the judgment of the Appellate Division should be affirmed. However, I would limit the affirmance to the ground set forth in subdivision IX of Judge G-oldmann's opinion, i. e., that the license or privilege granted by the 1869 act could not be conveyed to the plaintiff separate from the upland and for a use not necessary to facilitate the business of the railroad.

Proctor, J., concurring in result.

For affirmance—Chief Justice Weintraub, and Justices Heher, Burling, Jacobs, Francis and Proctor—6.

For reversal—None.