Legal Opinion

Carlisle v. Cooper

New Jersey Court of Chancery

Decided October 15, 1868PublishedCited by 3 opinions

This cause was argued upon the pleadings and proofs, at a special term, held at Morristown, in July, 1868. The facts of the case sufficiently appear in the opinion of the Chancellor.

1Opinion of the Court

The Chancellor.

The object of this suit is to abate an injury or nuisance in overflowing the lands of the complainants, by back water, occasioned by the dam of the defendant; also to ascertain and settle the height at which the defendant is entitled to maintain his dam, or to back the water upon the land of the complainants.

That this court has jurisdiction for both these objects, was settled in a decision in this cause upon a motion to dismiss the bill, which was, by consent of parties, argued and de-, *258cided, as if the question had been raised upon a demurrer to the bill.

The evidence has been…

2Cases cited3 opinions

  1. Stiles v. HookerNew York Supreme Court · 1827
  2. Branch v. DoaneSupreme Court of Connecticut · 1845
  3. Branch v. DoaneSupreme Court of Connecticut · 1846

3Cited by3 opinions

  1. Kosich v. Poultrymen's Service Corp.New Jersey Court of Chancery · 1945
  2. Lyndhurst v. United Cork Cos.New Jersey Court of Chancery · 1934
  3. Jessop v. Passaic Valley Water Comm.New Jersey Court of Chancery · 1934

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