The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-09-13
ELECTRIC POLES SUIT.
The Celebrated Spring Lake
Case Decided by Chan
cel10r McGil1.

Yesterday C~hancellor McGin decided a
question Of great importance, not only
to the numerous New Jersey Seashore
Land Improvement Companiessaud lot
owners. but alsosthe Electric Light Com
panies seeking TO use the streets and
avenues Of lands laid out on maps. where
such maps have been filed in the County
Clerks Office and the land companies
have sold lots by reference to such maps.
the question being as TO the ownership
OF the soil III the streets and n in
such cases.
Last August the Neptune Electric
Light Company OF Asbury Park filed its
Dill of complaint In the Court of Chan
Gerry charging that William s. jackson /.
the Superintendent of the Spriug Lake
aud Sea Giro Land Com pany in end ed to
destroy the line OF the Electric Light
Company by cutting dow poles erected
IL Passalc and Second in from
Of property or one William H. Scott, aud
ia flrse avenue opposite the Monmouth
House In front OF u triangular plot called
q park In the borough of Spring Lake,
o citing forth hat Scott had Consented In
writing to the erection of such poles in
front Of his property. u that The Spring
Lake Beach Company, 60 whose interests
the Spring Lake and Seat Girl Land
Company had succeeded, had dedicated
this park To public park purposes after
the fling by 1t of a map embracing a
large trsct laid out iuto lots inc plots
and streets aud avenues.
The bill OF complaint further stated
that the Electric Light Company had en-
Tered INTO Dlnding contracts 10 supply
with electric lights the borough of Spring
Lake, rs we'll as q number Of private
stores aud residences; that the cutting
down OF SUCH poles would break up the
electric currsnt or system and greatly
damage the complainaut's business, and
asked that Superintendent jackson be
eujoined from cutting down or removing
such poles or from interfering with the
complainant's electric system.
H CAsE CONSIDERED.
The case Came up yesterday at Chan
Gerry Chambers. this city, on an order re-
curing Superintendent Jackson to show
cause why an injunction should not
issue.
1t appeared thai the complainant was
Originally organized nearly teu years ago
under the general corporation statute of
New Jersey, by the name of the Lame
Spriug Hinge Manufacturing Co.," for
The purpose OF engaging in the manufac-
ture aud sale OF spring hinges. aud under
the certificate of organization vas to
OOu0u Y UQSlu0bS IA ASOuEf EdEks Dub
afterward It's name was changed. first to
that of the "Asbury Park E.ecsric Light
and Power Company" aud afterwards to
that OK the Neptune Electric Company
aud the nature of its business was
changed from that OF manufacturing to
that of electric lighting aad furnishing
of power by elsclrlc Or steam motors.
The electric light company claimei the
right 10 erect these poles under a Statute
approved March II. 1893. granting TO any
corporation organized under the general
corporation law, The right to use the
roads aud erect poles. upon first obtalu-
Ing the consent In writing of the owners
of the soil. The Spring Lake borough
au. hurities having by desig-
mated the location OF thoss poles.
immediately following the description
OF the lots III Scott's deed was II clause
which reserved to the party of the first
part the soil aud ground of the whole of
the streets aud veBus shown on plan.
On behalf or Superintendent jackson,
James Buchanan. of Trenton, commended
that while as a general rule the convey
ancs OF u lot described as BOUNDED upon
an opeu street, carries the title to the
centre Of the street. nevertheless 1t was
also true that the parties to the convey
auce may, by the terms, exclude the soiI
of gne street from the operation of such
Conveyance, and that this had been
uone in the cleacest possible manner
In the case If the deeu to Scout.
and thai the question before the court on
that prancn of the case was one merely
OF giving its stipulated effect to the deed
TO Scott. and therefore the soil OF the
streets on which Scott's property bounded
belonged to the land company. With re-
9. ect to the soil of the Streets surrouud-
ing the park, that, too belonged to the
iand company, inasmuch as tue dedica-
ton OF the park merely gave the use
thereof iu the nature OF an easement to
the public.
The object of such a clause is to insure
the existence OF good roads. sewers,
waterworks, and other like conveniences
Of dense communities.
1t was further commended on behalf of
the superintendent that the electric light
CoGsHHssy was guilty OF trespass In setting
its poles In the soil owned by the land
company, and that Mir. Jackson, as the
servant Of the lind company, was bound
to execute its orders for the removal of
the poles.
1t was further Fcontended on behalf of
the superintendent that the Neptune
Electric Light Company was bv It's cerri.
icates of organic tttOu u ~reorganiza-
ton. not entitled to do business beyond
the limits OF Ashurv Park.
II DECISION.
The Chancellor, after u conference with
Vice Chancellor Pitney, declared that
they were both clearly OF the opiuio / that
The Spring Lake aud Sea GirJ l. ,ud Com
pany was the owner of the SOIL OF the
streets in which the poles were erected.
aud that it's consent in writing was a pre-
requisite to the right OF 81 ecting the
plainant had not obtained such written
copsent erefilked the ~iniunctfon and dis