New Jersey Law Reports Volume 36

New Jersey Law Reports Volume 36

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt:, that there is included in it the expense of earth filling on the adjacent lots, outside of the street lines. The answer made by the defendants is, that the filling outside of the street was caused by the bulging necessarily incident to filling up the street to grade, and that no dirt was thrown outside of the limits of the highway. So far as this is true, it is a go0d_ answer to the objection, but any filling unnecessarily, and not unavoidably made upon the adjacent lots, in the proper prosecution of the enterprise, is unauthorized and gratuitous, and cannot be charged upon the land owners. The surveyor's estimate of the expense of the entire work, before it was entered upon, was $40,589.74, while the actual cost, as certified by him, was $123,193.21. This remarkable discrepancy certainly does no credit to his skill as an engineer, and may be looked into by the new commissioners to be appointed, whose duty it will be, under the act, to examine into the whole matter. In my opinion, the entire assessment should be set aside, and a new assessment ordered. 1. The proviso in the 3d section of the act incorporating the New Jersey Midland Railway Company, requiring the road to be laid out in Sussex county, under the charter of the New Jersey, Hudson and Delaware Railroad Company, is not fulfilled, either in terms or effect, by the report of an assessment made under the charter of the New Jersey Western Railroad Company, which slates that the commissioners have taken into consideration the benefits to the owner from such railroad. The benefits should not be estimated. 2. The afiidavits and report show that the owner of the land had notice of the meeting of commissioners. On certiorari to review appointment and report of commissioners, ...
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Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236920406
  • 9781236920409