Clark v. City of Elizabeth
Supreme Court of New Jersey
The appellant, Samuel M. Clark, owns land in the city of Elizabeth. Two lots, Nos. 22 and 26, are within the line of a proposed street, called Bay way, which was ordered to be opened by an ordinance of the common council, passed July 19th, 1870. Commissioners were appointed under the charter, (Laws, 1863, p. 146, § 96,) to assess the appellant’s damages, with others, in opening said street.
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The appellant, Samuel M. Clark, owns land in the city of Elizabeth. Two lots, Nos. 22 and 26, are within the line of a proposed street, called Bay way, which was ordered to be opened by an ordinance of the common council, passed July 19th, 1870. Commissioners were appointed under the charter, (Laws, 1863, p. 146, § 96,) to assess the appellant’s damages, with others, in opening said street. They reported that Clark had dedicated lots 22 and 26 to the public, and awarded no^ damages. An appeal was taken from the report of the commissioners to this court. An order for trial by jury, to assess…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The Central Railroad of New Jersey crosses the lands of the appellant, running easterly and westerly, at right angles to the street called Bayway on the commissioners map, and parallel to Westfield avenue on the north, and Grand street on the south. West Jersey avenue runs diagonally through land south of the railroad and crosses it, running northwesterly and southeasterly. South of the railroad Bayway cuts off the land called No. 22, lying between the railroad and West Jersey avenue, leaving the appellant a front of one hundred and fifteen…
2Cases cited3 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- In re MayorNew York Supreme Court · 1829
- Lamb v. CoeNew York Supreme Court · 1838