Willets Manufacturing Co. v. Board of Chosen Freeholders

The opinion of the court was delivered by

Gummere, J.

The injury complained* of by the plaintiff is the erection by the defendant of a stone embankment upon its lands. The defendant, by its plea, justifies the alleged wrongful act on the ground that the city of Trenton, by proper proceedings taken for the purpose, had acquired, by condemnation, the right to occupy and use the locus in quo for the purpose of a public highway; that the said highway was intersected by the canal of the Delaware and Raritan Canal Company at a point adjoining said lands, and that the duty was thereby cast upon the…