78 N.J.L. 699 | N.J. | 1910
The opinion of the court was delivered by
The undisputed facts pertinent to the questions raised by the assignments of error in this cause are, that the R. Gr. Packard Company is the owner of a considerable tract of land act joining, on its easterly side, New York hay, and from thence extending westerly into, and forming a part of, the city of Bayonne; that prior to the time when that company acquired its title, a right of way was condemned by what
The questions presented for determination arose at the trial of an issue framed in the Hudson Circuit Court for the purpose of ascertaining the amount to be paid to the landowner, for the value of the land taken and damages sustained, as provided by law (Pamph. L. 1900, p. 79), the landowner having in due season appealed from the award of the commissioners appointed to examine and appraise the land and to assess the damages. At the trial the landowners offered testimony tending to show that the whole tract was adapted as a unit to a special use that would add to its value because the owner had constructed a ship basin on the shore front, and had partly dredged a channel from the basin to deep water in the bay, all of which it was claimed tended to enhance the value of the land taken, because it could be used in connection with such improvements; and further, that the whole tract was specially adapted for use as a place of deposit for the material dredged from the basin; that such filling would greatly add to its
The refusal to admit testimony tending to show the relation of the land taken to the remaining land, and its value when used, to the extent afforded by the easement, in conjunction with the other land held in common with it, was an error injurious to the landowner, and the charge of the court based upon such ruling is also erroneous.
For affirmance — Bone.
For reversal — The Chancellor., Garrison, Parker, Bergen, Voorhees, Minturn, Bogert, Vredenburgh, Vroom, Gray, Congdon, JJ. 11.