62 N.J.L. 771 | N.J. | 1899
The opinion of the court was delivered by
A verdict was directed at the Circuit in favor of the defendants in an action of tort brought to recover damages for injury to real property, and upon the consequent judgment this writ of error was brought. The complaint in the declaration was of the cutting down of a public street in front of the plaintiff’s house and the destruction of a sewer or drain laid across it for the use of the plaintiff. In form the allegation was trespass quare clausum, fregit. To the plea of not guilty two special pleas were added — one that the defendant Rambo, who was a member of the township committee of the township of Greenwich, did the injury complained of, in the amending and repairing of the street by direction of the township committee, and the other that he did the injury by virtue of an ordinance of the township. To these pleas the replication de injuria was interposed and the issues came on to be tried. It appeared that the plaintiff’s title ran only to the side of the street upon which his land abutted, and that the sewer existed by parol license from one Paul, the owner of the fee of the land in the
For affirmance — The Chancellor, Chief Justice, Depue, Van Syckel, Dixon, Lippincott, Gummere, Ludlow, Collins, Bogert, Nixon, Hendrickson, Adams, Vredenburgh. 14.
For reversal — None.
As to the defendant John Rambo—
For affirmance — None.
For reversal — The Chancellor, Chief Justice, Depue, Van Syckel, Dixon, Lippincott, Gummere, Ludlow, Collins, Bogert, Nixon, Hendrickson, Adams, Vredenburgh. 14. ...