State v. City of Passaic
Supreme Court of New Jersey
On certiorari. The prosecutor, whose road-bed is the center of Main avenue, in the city of Passaic, has been assessed for benefits arising-from the construction of a sewer along the westerly side of' said avenue.
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On certiorari. The prosecutor, whose road-bed is the center of Main avenue, in the city of Passaic, has been assessed for benefits arising-from the construction of a sewer along the westerly side of' said avenue. At the argument two reasons for setting aside this assessment were pressed — first, because the lands of the prosecutor are not benefited by the said sewer, and, second, “Because the lands of the prosecutor intended to be assessed by said report are a portion of the main stem of the railway of said company, on which is constructed a double track. The prosecutor has only easement in…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
I. The cases of New Jersey Railroad and Transportation Company v. City of Elizabeth, 8 Vroom 330, and Jersey City ads. New Jersey Midland Railroad Company, 13 Id. 97, are authority for the proposition that the road-bed of a railway company is property legally subject to assessment for municipal benefits.
II. By the report of the commissioners we are apprised that ¡actual benefit has been conferred upon the property of the prosecutor. The proofs taken under this writ do not over•come the report in this respect. We assume, therefore, that the…
2Cited by9 opinions
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- Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916
- Indianapolis & Vincennes Railway Co. v. Capitol Paving & Construction Co.Indiana Court of Appeals · 1899
- Northern Pacific Railway Co. v. Richland CountyNorth Dakota Supreme Court · 1914
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