Pennsylvania Railroad v. Angel
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Bird, whose opinion follows: This bill charges that the defendant' uses its road, in the city of Camden, in such a manner as to create a nuisance, to the injury of the complainants. This nuisance, it is alleged, arises, from the use of the several tracks, in distributing cars when, loaded trains come in, and in making up loaded trains to go out from the main depot in the city.
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On appeal from a decree advised by Vice-Chancellor Bird, whose opinion follows: This bill charges that the defendant' uses its road, in the city of Camden, in such a manner as to create a nuisance, to the injury of the complainants. This nuisance, it is alleged, arises, from the use of the several tracks, in distributing cars when, loaded trains come in, and in making up loaded trains to go out from the main depot in the city. The noise of the trains, in stopping and starting, in the work of making up and distributing trains, the noise of the bells as they are rung, the noise of engine…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
The complainants are owners and occupants of a dwelling-house on the southerly side of Bridge avenue, between Second and Third streets, in the city of Camden. The defendant’s tracks run through the central part of Bridge avenue in front of complainants’ dwelling, across Second street, into its terminal yard, which extends from the westerly side of Second street to the Delaware river.
The bill avers that the defendant uses its tracks in front of the complainants’ house for the purpose of distributing cars and making up trains in its freight and…
2Cases cited1 opinion
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
3Cited by9 opinions
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- Bd. of Ed. of Morristown v. PalmerNew Jersey Superior Court Appellate Division · 1965
- Hyde v. Somerset Air ServiceNew Jersey Superior Court Appellate Division · 1948
- Kirzenbaum v. PaulusNew Jersey Superior Court Appellate Division · 1959
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