State v. United New Jersey Railroad
Supreme Court of New Jersey
Ou certiorari to review an appointment of commissioners to condemn lands. The defendants applied to one of the justices of this court for condemnation of a lot of land in Newark, setting forth in their petition that the land “adjoined their road as constructed on their right of way as located,” and basing their right to condemn upon “An act concerning railroad corporations,” approved March 6th, 1877, (Rev., p. 946, § 172,) which authorizes the condemnation of lands so…
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Ou certiorari to review an appointment of commissioners to condemn lands. The defendants applied to one of the justices of this court for condemnation of a lot of land in Newark, setting forth in their petition that the land “adjoined their road as constructed on their right of way as located,” and basing their right to condemn upon “An act concerning railroad corporations,” approved March 6th, 1877, (Rev., p. 946, § 172,) which authorizes the condemnation of lands so situate. The lot in question, at its nearest point, is distant one hundred feet from the sixty-six feet strip which the Yew…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
In deciding this controversy, the first thing to be settled is, what constitutes the “ road of the defendants as constructed upon their right of way as located.” It seems to me that the prosecutors justly insist that this expression denotes the strip of land, of prescribed width, upon which the defendants have their routes of railway, and does not include mere side tracks or spurs, which are but appendages of their railway, designed to reach freight depots or engine-houses, or such other incidental structures. This, I think, is the idea which…
2Cited by1 opinion
- M. E. R. R. Co. v. M. P. R. R. Co.Illinois Supreme Court · 1925