Applegate v. Director-General of Railroads

Plaintiff’s action is based on tbe charge that defendant injured his residence property in the city of Trenton by excavating a.“cut” between thirty and forty feet in depth and laying railway tracks therein in front of such property though not abutting thereon. He recovered judgment in the circuit court.

It appears that defendant’s tracks entered the city of Trenton by way of a deep and long curve and being up grade made it difficult for trains entering the city. To relieve this situation, by straightening the track and reducing the grade, defendant, first securing the vacation of certain…