¶1(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.
¶2Proctor, J., concurring in result.
¶3For affirmance—Chief Justice Weintraub, and Justices Heher, Burling, Jacobs, Francis and Proctor—6.
¶4For reversal—None.