Hinchman v. Paterson Horse Railroad
New Jersey Court of Chancery
The complainants are, respectively, the owners of lots butting upon Congress and Market streets, in the city of Paterson, and claim title to the middle of the street. The defendants are about to construct a horse railroad through those streets, under the authority of their act of incorporation.
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The complainants are, respectively, the owners of lots butting upon Congress and Market streets, in the city of Paterson, and claim title to the middle of the street. The defendants are about to construct a horse railroad through those streets, under the authority of their act of incorporation. The complainants ask to enjoin the construction of the road. 1. Because the construction and use of the road will prove a permanent obstruction to the ordinary use of the street; a public nuisance, and a consequent injury to the value of the property. 2. Because the property of the complainants is…
1Opinion of the Court
The Chancellor.
A public nuisance must be ocaasioned by acts done in violation of law. A work which is authorized by law cannot be a nuisance. Rex v. Pease, 4 Barn. & Ad. 30; Bordentown and S. Amboy Turnpike Co. v. Camden and Amboy R. R. Co., 2 Harr. 314; Davis v. The Mayor of New York, 14 N Y. R. 506.
Whether the construction of a railroad in the street of a city would operate beneficially or injuriously to the public right of way; whether it would prove a public benefit or a public nuisance, are questions to be determined by the legislature and by the city council. If they err in judgment,…
2Cases cited10 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
- Buck v. SquiersSupreme Court of Vermont · 1850
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
- People v. KerrNew York Supreme Court · 1862
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3Cited by4 opinions
- V. United Electrical, C., of AmericaNew Jersey Superior Court Appellate Division · 1941
- Morrison v. Standard Oil Co. of N.J.New Jersey Court of Chancery · 1929
- Fidelity Union Trust Co. v. CochraneNew Jersey Court of Chancery · 1934
- Moss Ind. v. Irving Metals Co.New Jersey Court of Chancery · 1947