Packard v. Bergen Neck Railway Co.
Supreme Court of New Jersey
The Bergen Neck Railway Company, incorporated under the General Railroad law, took proceedings to condemn certain lands in Hudson county, belonging to Ralph G. Packard and adjoining New York bay. After the award, both parties appealed therefrom and an issue was framed and tried in the Hudson Circuit. After verdict and judgment thereon, Packard sued out a writ of error and removed the cause to the Supreme Court.
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The Bergen Neck Railway Company, incorporated under the General Railroad law, took proceedings to condemn certain lands in Hudson county, belonging to Ralph G. Packard and adjoining New York bay. After the award, both parties appealed therefrom and an issue was framed and tried in the Hudson Circuit. After verdict and judgment thereon, Packard sued out a writ of error and removed the cause to the Supreme Court. The judgment was there affirmed, and Packard has, by writ of error, removed the judgment of affirmance into this court for review.
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
The judgment now before us for review was founded upon an opinion which is reported in 25 Vroom 229.. Of the numerous objections presented by the assignments, of error, but one was deemed of sufficient importance to require an expression of opinion. That objection was aimed at the instructions of the circuit judge to the -jury in respect to the mode of determining the compensation to be awarded to-the landowner. Those instructions were considered defective,, because they allowed the jury to charge the landowner with any increase of value which…
2Cases cited3 opinions
- Mead v. StateSupreme Court of New Jersey · 1891
- National Docks & New Jersey Junction Connecting Railway Co. v. StateSupreme Court of New Jersey · 1890
- Packard v. Bergen Neck Railway Co.Supreme Court of New Jersey · 1892
3Cited by14 opinions
- Holt v. United Security Life Insurance & Trust Co.Supreme Court of New Jersey · 1909
- Sterner v. NixonSupreme Court of New Jersey · 1936
- Garretson v. AppletonSupreme Court of New Jersey · 1895
- State v. Sun Oil CompanyNew Jersey Superior Court Appellate Division · 1978
- Abbott v. Beth Israel Cemetery Ass'n of WoodbridgeSupreme Court of New Jersey · 1953
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