33 N.J.L. 251 | N.J. | 1869
The opinion of the court was delivered by
During the period to which this controversy relates, the premises in question were occupied, in part, by a lumber yard, and in part by tenant houses! These houses fronted on a street not occupied by the railroad of the defendants, and there is nothing in the case showing they were injuriously affected by it. It was the plaintiff himself who carried on this lumber business upon these premises, and it nowhere appears that he, at any time, desired to appropriate this land to any other purpose. So far as the case shows, he never offered it, nor any
A new trial must be granted in each of these cases.