Kiernan v. Mayor of Jersey City

The opinion of the court was delivered by

Pitney, Ci-iancellojk.

This writ of error brings under review a judgment for the plaintiffs in an action of tort for a trespass upon certain lands in Jersey City. The trespass complained of was the laying of a public sewer under the authority of the municipal corporation, defendant. The plaintiffs showed title to the fee of the land, and the defendants sought to justify upon the ground that the locus in quo was a public street known as York street.

The history of the title was as follows:

Patrick Kiernan and others, by deed dated and recorded in the year…