GRIFFIN, V. C.
Bill by the Public Service Railway Company against Isidore Barnett. Bill dismissed.
See, also, 112 Atl. 850, 115 Atl. 747.
Frank Bergen, L. D. Howard Gilmour, E. Ambler Armstrong, and Robert H. McCarter, all of Newark, for complainant.
Merritt Lane, of Newark, for defendant.
GRIFFIN, V. C. The only difference between this case and Public Service Railway Co. v. Reinhardt (N. J. Ch.) 112 Atl. 850, just decided, is that the defendant took out one policy of insurance of $5,000 covering the cities of Elizabeth and Newark. This was condemned in Fischer v. Pollitt, 112 Atl. 305, by the Supreme Court in an opinion filed by Mr. Justice Minturn January 17, 1921, not yet [officially] reported, in which he affirmed a conviction, under the Kates Act (P. L. 1916, p. 283, § 2), for operating where the bond filed included liability occurring in two municipalities. This, however, as indicated in the Reinhardt Case, complainant cannot take advantage of.
A decree will be advised dismissing the bill.