# Newark Aqueduct Board v. City of Passaic

> Supreme Court of New Jersey · March 15, 1890 · 46 N.J. Eq. 552

URL: https://www.frixlaw.com/law-library/cases/8268089

## Case

- **Full name:** The Newark Aqueduct Board v. The City of Passaic
- **Court:** Supreme Court of New Jersey
- **Decided:** March 15, 1890
- **Citations:** 46 N.J. Eq. 552
- **Precedential status:** Published
- **Opinion:** Dissent by Depue
- **Judges:** Depue, Dixon
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8268089

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8268089. Public record. Not legal advice.