Legal Opinion

Morris Canal & Banking Co. v. Central Railroad

New Jersey Court of Chancery

Decided October 15, 1863PublishedCited by 18 opinions

Upon the filing of the bill in this cause, an order was made that the defendants show cause why an injunction should not issue according to the prayer of the bill, and granting a temporary injunction in the meantime. The defendants filed their answers, and affidavits were taken, under an order of the court, to be read upon the argument of the rule to show cause.

Read the full summary

Upon the filing of the bill in this cause, an order was made that the defendants show cause why an injunction should not issue according to the prayer of the bill, and granting a temporary injunction in the meantime. The defendants filed their answers, and affidavits were taken, under an order of the court, to be read upon the argument of the rule to show cause. The cause was heard, by direction of the Chancellor, before James Wilson, esquire, one of the masters of the court, upon the rule, upon the bill, answers, and affidavits.

1Opinion of the Court

The Master.

The complainants, by their bill, set forth that under their charter and the supplements thereto, they constructed their canal from the waters of the Delaware to the waters of the Hudson, and that, in its easternmost section, it crosses the Hackensack river and Mill creek, and that the same are navigable streams. That the canal, from the Hackensack on the west to the Hudson on the east, is fed or supplied with water by the tide waters of New York bay, at a place called Fiddler’s Elbow, and by the tide waters which flow up from Hudson river or New York bay into Mill creek, and also…

2Cases cited1 opinion

  1. Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823

3Cited by18 opinions

  1. Sharrock v. KeansburgNew Jersey Superior Court Appellate Division · 1951
  2. DeLisa v. County of BergenSupreme Court of New Jersey · 2000
  3. River Development Corp. v. Liberty Corp.New Jersey Superior Court Appellate Division · 1958
  4. River Development Corp. v. Liberty Corp.New Jersey Superior Court Appellate Division · 1957
  5. Cty. of Camden v. S. Jersey PortNew Jersey Superior Court Appellate Division · 1998

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API