Tucker v. Board of Chosen Freeholders
New Jersey Court of Chancery
The complainants state, in their bill, that they are seized in fee simple of lands and premises, and in particular that Ebenezer Tucker is seized of a tavern house, store house, saw mill and wharf, and a large body of pine land and cedar swamp, at the head of navigation on Bass river, in the county of Burlington, where the road from Philadelphia to Tuckerton crosses said river, above where the new road from Tuckerton to Bridgeport crosses the same and the bridge in question…
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The complainants state, in their bill, that they are seized in fee simple of lands and premises, and in particular that Ebenezer Tucker is seized of a tavern house, store house, saw mill and wharf, and a large body of pine land and cedar swamp, at the head of navigation on Bass river, in the county of Burlington, where the road from Philadelphia to Tuckerton crosses said river, above where the new road from Tuckerton to Bridgeport crosses the same and the bridge in question is proposed to be erected : that large quantities of boards and lumber are annually sent down said river, and hay and…
1Opinion of the Court
The Chancellor.
The grounds on which it was deemed advisable to allow an injunction in this case, were these 1. Because it was represented that Bass river, over which the board of freeholders were about to erect a bridge, was a navigable stream, and used by divers individuals for the purposes of navigation ; and that great and irreparable injury would be done to private property by the erection of the bridge ; and,
2. Because it was represented, and so appeared to the court, that the act of the legislature of 1823, under which the board *286claimed authority to erect the bridge, was no longer…
2Cited by6 opinions
- Junction Water Co. v. RiddleNew Jersey Court of Chancery · 1931
- Schaffer v. Federal Trust Co.New Jersey Court of Chancery · 1942
- Soper v. ConlyNew Jersey Court of Chancery · 1929
- E.M. Harrison Market v. MontclairNew Jersey Court of Chancery · 1929
- Fidelity & Guaranty Insurance Corp. v. MondzelewskiSupreme Court of Delaware · 1955
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