Mayor & Aldermen of Paterson v. Town of Kearny

The opinion o£ the court was delivered by

Swayze, J.

The objection that the defendant is seeking to condemn land already devoted to a public use is disposed of by our opinion in Paterson v. Jersey City. That the town of Kearny was authorized by the act of 1888 to contract with tiie water companies for a supply of water is settled. Jersey City v. Kearny, 43 Vroom 109. The petition for the appointment of commissioners was presented to Mr. Justice Minturn in July, 1911, and the act of May 1st, 1911, is therefore applicable. That act authorizes the town council to acquire water and water rights by…