Legal Opinion

Pennsylvania Railroad v. National Docks & New Jersey Junction Connecting Railway Co.

Supreme Court of New Jersey

Decided June 15, 1896PublishedCited by 7 opinions

On appeal from an order of the chancellor, whose opinion is reported in National Docks &a. Railroad Co. v. Pennsylvania Railroad Co., 9 Dick. Gh. Rep. 167. The respondent, by condemnation, acquired the right to cross the car yard of the appellant, by means of a subterranean passageway.

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On appeal from an order of the chancellor, whose opinion is reported in National Docks &a. Railroad Co. v. Pennsylvania Railroad Co., 9 Dick. Gh. Rep. 167. The respondent, by condemnation, acquired the right to cross the car yard of the appellant, by means of a subterranean passageway. The respondent contended that, in the proper construction of the passageway in question, it was necessary that the surface of the car yard should be raised, and that in making said subterranean roadway the tracks of the appellant, crossing such proposed excavation, would have to be cut and kept open during the…

1Opinion of the Court

The opinion of the court was delivered by

Beasley, C. J.

From the statement preceding this opinion, it appears that the appellant was enjoined from opposing the making a certain subterranean causeway through its car yard by the respondent, and that notwithstanding such inhibition the prohibited resistance was made. For that disobedience the appellant has been adjudged to be in contempt, and from this latter judgment the present appeal has been taken.

The appellant does not deny that it disobeyed the decree in question, both with respect to its mandatory and its prohibitive command, for it is…

2Cited by7 opinions

  1. In Re CarubaNew Jersey Court of Chancery · 1947
  2. Morrison v. MorrisonNew Jersey Superior Court Appellate Division · 1966
  3. Ditmars v. Camden Trust Co.New Jersey Court of Chancery · 1942
  4. Schuster v. Ventnor Gardens, Inc.New Jersey Court of Chancery · 1928
  5. Schreiber v. DrosnessNew Jersey Court of Chancery · 1926

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