Rector of the Church of the Holy Communion v. Paterson Extension Railroad

Eor convenience I will speak of the plaintiffs below as the church and. of the defendants below, indiscriminately, as the railroad company. In 1891 the church sued the railroad company, in the Circuit Court of the county of Passaic, in tort, for undermining the church edifice and for negligence and fraud in the professed performance of an agreement to restore the edifice and make safe its foundation wall. The general issue and the statute of limitations were pleaded. A verdict in favor of the railroad company was directed and the resultant judgment was affirmed by the Supreme Court. 34 Vroom…