Walsh v. Board of Education
Supreme Court of New Jersey
On error to the Circuit Court of the county of Essex. The board of education of the city of Newark, Essex county, having or claiming power to take land for public use, determined to acquire a certain parcel of land on the easterly side of South Ninth street, in the said city of Newark, Essex county, belonging to Margaret A. Walsh, and being unable to acquire such land by agreement with the said owner took proceedings for the condemnation thereof, in accordance with the…
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On error to the Circuit Court of the county of Essex. The board of education of the city of Newark, Essex county, having or claiming power to take land for public use, determined to acquire a certain parcel of land on the easterly side of South Ninth street, in the said city of Newark, Essex county, belonging to Margaret A. Walsh, and being unable to acquire such land by agreement with the said owner took proceedings for the condemnation thereof, in accordance with the statute entitled “An act to regulate the ascertainment and payment of compensation for property condemned or taken for public…
1Opinion of the Court
Upon the case as stated above, the opinion of the court was delivered by
Green, J.
1. Taking up, first, the second assignment of error, we observe that it was not urged by the plaintiffs in error on the argument, hence this court is not obliged to consider it. See Loper v. Somers, 42 Vroom 657 (1904), and cases cited at p. 661. Nevertheless, it may be remarked that if it had been so urged the allegation of error would have been found unmaintainable.
To reach this conclusion it would not be necessary to distinguish between expert testimon3r and opinion evidence, which axe differentiated by…
2Cases cited4 opinions
- Laing v. United New Jersey Railroad & Canal Co.Supreme Court of New Jersey · 1892
- Koccis v. StateSupreme Court of New Jersey · 1893
- Ringle v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1894
- Riley v. Camden & Trenton Railway Co.Supreme Court of New Jersey · 1904
3Cited by1 opinion
- In re Proceedings to Condemn Lands Taken by the Port Reading RailroadSupreme Court of New Jersey · 1907