Morris Canal & Banking Co. v. Mayor of Jersey City
The Morris Canal and Banking Company and others v. The Mayor and Aldermen of Jersey City and others
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
The Chancellor.
The motion to dissolve the injunction must be denied. It appears by the bill, that the complainants have title derived from the state to the land under water, on which the abutments and middle pier of the proposed bridge are to be built. They have not consented to such use of the land. No compensation has been made or tendered to them for their damages, nor have any proceedings for condemnation been taken. On established principles, they are entitled to the protection of this court against such an invasion of their rights of property. • The fact that they hold the land subject to the right of public navigation, secured by the act of the legislature, by which their title was granted, is not sufficient ground for denying them that protection. Nor do they appear to have forfeited their claim to the consideration of this court by laches.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.