Legal Opinion

Costigan v. Pennsylvania Railroad

Supreme Court of New Jersey

Decided February 15, 1892PublishedCited by 8 opinions

On case certified from Hudson Circuit. On demurrer to pleas. Argued at November Term, 1891, before Beasley, Chief Justice, and Justices Depue and Van Syckel.

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

The plaintiffs are owners of a lot of land on* which were erected two dwelling-houses. The premises are-situated near to a strip of land on which the defendants are-engaged in constructing a railroad. The declaration charges. *235that “the defendants, wrongfully and injuriously intending, &c., on divers days and times, &c., dumped and filled into- and upon the natural surface of certain lands near to the plaintiffs’ said lot and dwelling-houses, a vast quantity, to-wit, two hundred thousand tons of earth, gravel, stones and other filling, and…

2Cases cited4 opinions

  1. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  2. Transportation Co. v. ChicagoSupreme Court of the United States · 1879
  3. Cuyler v. CuylerNew York Supreme Court · 1807
  4. Thompson v. Pennsylvania RailroadSupreme Court of New Jersey · 1888

3Cited by8 opinions

  1. Norfolk & W. Ry. Co. v. Amicon Fruit Co.Court of Appeals for the Fourth Circuit · 1920
  2. Hinckley v. City of SeattleWashington Supreme Court · 1913
  3. Petersen v. Beekmere, IncorporatedNew Jersey Superior Court Appellate Division · 1971
  4. Mosier v. Oregon Navigation Co.Oregon Supreme Court · 1901
  5. Roman Catholic Church of St. Anthony of Padua v. Pennsylvania R.Court of Appeals for the Third Circuit · 1913

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