Beseman v. Pennsylvania Railroad
Supreme Court of New Jersey
This suit is for damages alleged to have been done to the-houses and lands of the plaintiff by the running of the defendant’s trains.
Read the full summary
This suit is for damages alleged to have been done to the-houses and lands of the plaintiff by the running of the defendant’s trains. The declaration, in substance, alleged that the plaintiff was. the owner of certain lots of land in Jersey City, fronting on Fifth street, on each of which lots there were dwelling-houses, on the front and rear, and that the defendant, on the 1st of January, 1874, built an elevated track for a railroad, running-at the rear of said lots and very near, to wit, within ten feet,, of the dwelling-houses situated on the rear part of said lots,, and during, &c., has…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The form of the plea which has been demurred to will be considered briefly in the sequel,, but for the present it will be taken to present, in a sufficient manner, the facts on which the defendant, in this part of the procedure, has based its defence. That defence, stripped of all verbosity, is that by force of its franchises derived from the public grant it has built its road and run its trains, carrying merchandise and freight, near to the lands of the plaintiff, doing the plaintiff no more damage than that which necessarily…
2Cases cited4 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Cosby v. Owensboro & Russellville R. R.Court of Appeals of Kentucky · 1874
- Chapman v. Albany & Schenectady RailroadNew York Supreme Court · 1851
3Cited by25 opinions
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
- Missouri, Kansas & Texas Railway Co. v. AndersonCourt of Appeals of Texas · 1904
- Woodsum v. Pemberton Tp.New Jersey Superior Court Appellate Division · 1980
- Townsend v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1906
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