
    THOMAS H. BENTON, PLAINTIFF IN ERROR, v. CITY OF ELIZABETH, DEFENDANT IN ERROR.
    
      [Submitted March 25th, 1898 ;
    
      decided June 20th, 1898.]
    On error to the Supreme Court. For opinion of the Supreme Court, see antep. 411.
    
      For the plaintiff in error, John T. Dunn & Son.
    
    For thé defendant in error, C. Addison Swift and Frank Bergen.
    
   Per Curiam.

Understanding that the majority opinion of the Supreme Court does not affirm a right in the National Transit Company to operate a pipe line in this state, but, in absence of any- question upon that point, merely assumes, for the purpose of reaching the points mooted, that the company named has authority from this state to lay a pipe line, we vote to affirm the judgment below for the reasons stated in that opinion.

. For affirmance—The Chancellor, Depue, Lippincott, Adams, Bogert, ’Hendrickson, Nixon. 7.

For reversal—Gummere, Ludlow, Vredenburgh. 3.  