Mayor & Aldermen of Paterson v. West Orange Water Co.

The opinion of the court was delivered by

Swayze, J.

Some of the questions raised in this case have been disposed of by the opinions in Paterson v. Jersey City, ante p. 454, and Paterson v. Kearny, ante p. 456. In the present case the condemning agency is an incorporated water company, and the prosecutor challenges its authority to condemn. That authority is to be found in the Water Company act of 1876. Comp. Stat., p. 3635. It is said to be insufficient to warrant the proceeding for three reasons — first, because the power to condemn is limited to land in the neighborhood of the municipality…