Van Duyne v. Knox Hat Manufacturing Co.

Pitney, Y. C.

'The object of this suit was and is to restrain the defendant from digging and excavating the lands of the complainant and placing and establishing thereon, beneath the surface of the earth, a tile drain and water conduit.

The ownership of the land by the complainant is admitted, and the act justified by the defendant on the ground that the place in question is a public highway within the limits of the borough of Boonton, in the county of Morris, and that the defendant had obtained formal permission from the municipal authorities of Boonton to lay the drain.

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