Opinion

Newark Aqueduct Board v. City of Passaic

  • 46 N.J. Eq. 552
Court
Supreme Court of New Jersey
Filed
Mar 15, 1890
Status
Published
Author
Depue
On the bench
Depue, Dixon
Cited by
1 cases

The opinion

Depue, J.

(dissenting).

I think it is entirely clear, from the acts of the legislature relating to the Newark Aqueduct Board, that the city had a grant from the state of a right in the waters of the Passaic beyond those rights inherent in riparian owners, to have the use of the waters of the Passaic for a water-supply for the city for domestic and other purposes.

I think, also, that in view of the fact that the health of the inhabitants of a city with a population of one hundred and eighty thousand inhabitants is involved in this controversy, the depositions make a clear case for the interposition of the court by a preliminary injunction. Eor these reasons, I vote to reverse the decree appealed from.

Eor affirmance — The Chief-Justice, Dixon, Garrison, Mague, Van Syckel, Cole, Smith, Whitaker — 8.

Eor reversal — Depue, Brown — 2.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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