Mayor of Newark v. Hatt

The opinion of the court was delivered by

Swayze, J.

The city of Newark, in pursuance of a contract with the Pennsylvania Railroad Company and the Central Railroad Company of New Jersey, vacated certain streets, near to, but not abutting upon, the lands of the defendants. There was still access to the lands from the city, except by way of the portion of the streets vacated. One of the streets on which the properties of Kilburn and Osborne abutted was made a cut de sac. The Circuit Court held that the true rule for estimating damages was the direct and substantial depreciation of the market…