Hinners v. Edgewater & Fort Lee Railroad

The opinion of the court was delivered by

Garrison, J.

This writ of error is brought by the railroad company to reverse the judgment rendered in the Circuit Court of Bergen county upon an appeal from the award of commissioners in a condemnation proceeding. The trial errors relied upon for reversal all relate, with a single exception, to instructions that were rendered necessary by the some*515wliat unusual form of the issue submitted to the jury upon the initiative of the plaintiff in error. The feature of the trial thus alluded to arose in this way: The land condemned was a strip fifty-four feet…