United States Pipe Line Co. v. Delaware, Lackawanna & Western Railroad
Supreme Court of New Jersey
On writ of error to the Supreme Court., This was an action brought by the Delaware, Lackawanna and Western Railroad Company against the United States Pipe Line Company and Harry W. Breckenridge, to recover damages for a trespass upon land situate in the county of Warren. At the trial the judge denied the defendants’ motion to nonsuit, and at the close of the case directed a verdict in favor of the plaintiff.
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On writ of error to the Supreme Court., This was an action brought by the Delaware, Lackawanna and Western Railroad Company against the United States Pipe Line Company and Harry W. Breckenridge, to recover damages for a trespass upon land situate in the county of Warren. At the trial the judge denied the defendants’ motion to nonsuit, and at the close of the case directed a verdict in favor of the plaintiff. To these rulings exception was taken, whereupon the defendants sued out their writ of error. The loous in quo on which the trespass is alleged to have been committed is, within the…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The Morris and Essex Eailroad Company was incorporated in 1835 (Pamph. L., p. 25), with all the rights and powers necessary to lay out and construct a railroad or lateral roads from Newark, in the county of Essex, to Morristown, with power of purchasing and holding, &c., any lands and tenements, &c., necessary and expedient to the objects of the incorporation — to enter upon, take possession of, have, hold, use and occupy and excavate any such lands, and erect embankments, bridges and all other works necessary, to lay rails and to do all…
2Cases cited5 opinions
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
- Hagerty v. LeeSupreme Court of New Jersey · 1892
- New York, Susquehanna & Western Railroad v. TrimmerSupreme Court of New Jersey · 1890
- Perry v. Pennsylvania RailroadSupreme Court of New Jersey · 1893
- Pennsylvania Railroad v. BreckenridgeSupreme Court of New Jersey · 1897
3Cited by34 opinions
- Abercrombie v. SimmonsSupreme Court of Kansas · 1905
- New York Central Railroad v. YarianIndiana Supreme Court · 1942
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Mammoth Cave National Park Ass'n v. State Highway CommissionCourt of Appeals of Kentucky (pre-1976) · 1935
- West v. GlissonCourt of Appeals of Texas · 1916
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