Legal Opinion

Mayor of Jersey City v. Kiernan

Supreme Court of New Jersey

Decided February 15, 1888PublishedCited by 12 opinions

On case certified from Hudson Circuit. The plaintiff offered evidence tending to show the following facts: The defendant, by regular proceedings under its-charter, graded Montgomery street from Jersey City Heights-by a cut through the rock on the brow of the hill, and by a filling between retaining walls over the meadow down a steep-incline to the low lands, and constructed a main sewer therein for the drainage of the Heights.

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On case certified from Hudson Circuit. The plaintiff offered evidence tending to show the following facts: The defendant, by regular proceedings under its-charter, graded Montgomery street from Jersey City Heights-by a cut through the rock on the brow of the hill, and by a filling between retaining walls over the meadow down a steep-incline to the low lands, and constructed a main sewer therein for the drainage of the Heights. Another street, called Cornelison avenue, ran along the foot of the hill and was bridged * over by the Montgomery street sewer and road-way. The plaintiff owns lots on…

1Opinion of the Court

The opinion of the court was delivered by

Beasley, Chief Justice.

From the statement of facts prefacing this opinion it will be perceived that the first question submitted to this court for its advice relates to the legal basis of the action. Will a suit lie against a municipality for damages done to land adjacent to a public sewer by wrater «scaping therefrom by reason of a break in such sewer, occur*249ring through faulty construction, and because the same was not kept in proper repair ?

The general subject thus introduced is not a novel one to the courts of this state. As long ago as the year…

2Cases cited1 opinion

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877

3Cited by12 opinions

  1. Chatman v. HallSupreme Court of New Jersey · 1992
  2. Hammond v. County of MonmouthSupreme Court of New Jersey · 1936
  3. Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
  4. Johnson v. Pacific Land Co.Oregon Supreme Court · 1917
  5. Matsumura v. County of HawaiiHawaii Supreme Court · 1909

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