Butler Hard Rubber Co. v. Mayor of Newark
Supreme Court of New Jersey
On rule to show cause. On ease certified. The city of Newark, having contracted with the East Jersey Water Company to construct for said city certain water works for the purpose of furnishing the city with a new water-supply, to be taken from the Pequannock river by means of a reservoir, called the intake reservoir, by means of which to divert and take from the Pequannock river water for the purpose aforesaid, applied to a justice of the Supreme Court for the appointment of…
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On rule to show cause. On ease certified. The city of Newark, having contracted with the East Jersey Water Company to construct for said city certain water works for the purpose of furnishing the city with a new water-supply, to be taken from the Pequannock river by means of a reservoir, called the intake reservoir, by means of which to divert and take from the Pequannock river water for the purpose aforesaid, applied to a justice of the Supreme Court for the appointment of commissioners to appraise the value and assess the damages which the Butler Hard Rubber Company (claimed to be entitled…
1Opinion of the Court
The opinion of the court was delivered by
Deptje, J.
The first question certified is whether the plaintiffs are entitled to more than nominal damages for the diversion of the water from the Pequannock river. The defendant contends that, as against the company diverting the waters of the stream above the dam, the Butler company has not such property in the stream as will enable it to have compensation for such diversion, and that the damages recoverable in this ease should be merely nominal. To maintain this contention the defendant relies on several cases in the English *41courts, of which…
2Cited by8 opinions
- State v. SpeareNew Jersey Superior Court Appellate Division · 1965
- In Re Parking Authority of HackensackNew Jersey Superior Court Appellate Division · 1954
- Tennessee Gas Transmission Co. v. MazeNew Jersey Superior Court Appellate Division · 1957
- Sparks Manufacturing Co. v. Town of NewtonNew Jersey Court of Chancery · 1898
- Doremus v. Mayor of PatersonSupreme Court of New Jersey · 1903
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