In re the Maintenance & Ownership of the Newark Plank Road & Bridges
New Jersey Court of Chancery
On petition. The Newark Plank Road Company was incorporated by special act of the legislature, approved February 24th, 1849. Under the provisions of its charter and supplements the company constructed a continuous highway from the city of Newark to the Hudson river, in Jersey City.
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On petition. The Newark Plank Road Company was incorporated by special act of the legislature, approved February 24th, 1849. Under the provisions of its charter and supplements the company constructed a continuous highway from the city of Newark to the Hudson river, in Jersey City. The portions of the road within the limits of Newark and of Jersey City were, in time, to a large extent, abandoned to those respective municipalities., The highway which remained in the control of the company, and which was operated by it as a toll road, consisted of the two bridges over the Passaic and…
1Opinion of the Court
Stevenson, Y. C.
Although various hints, during the argument, were made In regard to constitutional questions which might be discussed in this proceeding, no argument has been made which was not addressed to the single question how this burden of expense should, in equity, be apportioned between the two contending counties. ■ This, therefore, is the question which I propose to consider and decide, after referring to a single preliminary matter too important to be passed in silence.
First. It was hinted, in the argument, that the apportionment of this expense is not a judicial duty which the…
2Cases cited5 opinions
- Desimone v. StateNevada Supreme Court · 2000
- Maynard v. NewmanNevada Supreme Court · 1865
- State v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1890
- Hamilton v. KneelandNevada Supreme Court · 1865
- Karadanis v. BondNevada Supreme Court · 2000
3Cited by2 opinions
- Leventhal v. Atlantic Rainbow Painting Co., Ltd.New Jersey Superior Court Appellate Division · 1961
- Rappa v. Connecticut Co.Supreme Court of Connecticut · 1921