Mayor of Paterson v. East Jersey Water Co.
New Jersey Court of Chancery
On bill for injunction. Heard on bill, answer, replication and. proofs in open court. The object of this bill, filed by the city of Paterson against the East Jersey Water Company, is to restrain the water company from the further diversion of any of the waters of the Passaic river which flows through the city.
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On bill for injunction. Heard on bill, answer, replication and. proofs in open court. The object of this bill, filed by the city of Paterson against the East Jersey Water Company, is to restrain the water company from the further diversion of any of the waters of the Passaic river which flows through the city. The water company in the year 1899 acquired a dam and reservoir at Little Palis, on the Passaic, about four miles above Paterson, and constructed, there a large and expensive filter plant. In the same year it also constructed at the Great Notch on Hook mountain, near Paterson, a large…
1Opinion of the Court
Emery, V. C.
(after stating the facts as above).
Taking up the first branch of the case, that relating to complainant’s status as riparian owner, the first question, whether complainant’s deeds make it such owner, and the second, whether actual damage must be proved to establish the right of action, a preliminary question as to the necessity of settlement of title at law is proper to be considered. Had the defendant by its answer raised the question of such preliminary settlement of the question of legal title at law, that course might, perhaps, have been directed at the hearing, if the proofs…
2Cases cited8 opinions
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- Union Pacific Railroad v. Mason City & Fort Dodge RailroadSupreme Court of the United States · 1905
- New York City v. PineSupreme Court of the United States · 1902
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Osborne v. Missouri Pacific Railway Co.Supreme Court of the United States · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Roy v. MooreSupreme Court of Connecticut · 1912
- Junction Water Co. v. RiddleNew Jersey Court of Chancery · 1931
- Mott v. IossaNew Jersey Court of Chancery · 1935
- Town of Purcellville v. PottsSupreme Court of Virginia · 1942
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