Legal Opinion

State v. Mayor of Bayonne

Supreme Court of New Jersey

Decided February 15, 1891PublishedCited by 8 opinions

The above entitled writ required defendant to certify to this court the proceedings and assessments for the construction of a brick sewer through Fifth street and Ingham' avenue, from Cottage street to the Kill von Kull, in the city of Bayonne. Six other similar writs issued in behalf of other prosecutors.

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The above entitled writ required defendant to certify to this court the proceedings and assessments for the construction of a brick sewer through Fifth street and Ingham' avenue, from Cottage street to the Kill von Kull, in the city of Bayonne. Six other similar writs issued in behalf of other prosecutors. By order of the court, the return to the above mentioned writ was directed to be taken as a return to each of these writs, and •evidence was taken to be used on’the hearing of all the writs. Another writ, in behalf of other prosecutors, was issued, requiring defendants to certify the 'final…

1Opinion of the Court

The opinion of the court was delivered by

Magie, J.

From the returns and affidavits it appears ■that the municipal." authorities • of Bayonne, some years ago, ■constructed -a sewer designed to drain an extensive district. It terminated at Fifth street and Cottage Place, and there ■discharged into a tidal ditch or creek running to the b.ay. The discharge afterward became so offensive and injurious at ’the mouth of the sewer and along the ditch that, in December, 1884, the Court.of Chancery, upon a bill filed by the owner •of land affected, issued a permanent injunction against emptying filth and…

2Cases cited2 opinions

  1. In re ClevelandSupreme Court of New Jersey · 1889
  2. Haynes v. City of Cape MaySupreme Court of New Jersey · 1889

3Cited by8 opinions

  1. City of Fort Myers v. State of FloridaSupreme Court of Florida · 1928
  2. City of Fort Myers v. StateSupreme Court of Florida · 1928
  3. In Re Public Service Electric and Gas Co.New Jersey Superior Court Appellate Division · 1952
  4. Beazley v. Twp. of MoorestownNew Jersey Superior Court Appellate Division · 1949
  5. Gabriel v. Borough of ParamusSupreme Court of New Jersey · 1965

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