THE AMERICAN AGRICULTURAL CHEMICAL COMPANY, RELATORS-RESPONDENTS, v. VINCENT J. MURPHY, JOHN A. BRADY, MEYER C. ELLENSTEIN, JOHN B. KEENAN, RALPH A. VILLANI, AND CITY OF NEWARK, A MUNICIPAL CORPORATION, RESPONDENTS-APPELLANTS

Pee Cubtam.

This case is controlled by our decision to-day in the case of Brown v. Murphy, 136 N. J. L. 183.

The only distinction is that the city, in this case, pursuant to statutory authority (R. S. 40:179-34), established and constructed a seaport and industrial terminal and the lands of the respondents were incorporated therein, and that the city was given the power to condemn by R. S. 40:179-34. The judgment under appeal is affirmed.

For affirmance — The Chancellor, Bodine, Donges, Colie, Wachenfeld, Eastwood, Burling, Wells, Dill, Freund, McGeehan, McLean, JJ. 12.

For reversal — None,