The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-11-02
INJUNCTION MODIFIED
Chancellor MeGill Permits the
Water Company to Lay
Its Pipe.

Chancellor McCill had before him this
morning. in Chancery Chambers. the in
junction proceedings brought by Patrick
Murray of No. 70 Ocean avenue against
the New York and New Jersey Water
Company. to prevent them from aying
a water main on his lands, adjoining the
Morris Canal, just south of the Newark
and New York Railroad Cut.
The company, a branch of the East
Jersey Water Company, is attempting TO
supply Bayonne City with water, and is
at present laying its pipes from the Pas
sale River. at Belleville. to Bayonne. A
week ago Mayor Wanser tried to rim
out the pipe laid at the westerly part Of
Danforth avenue, but the company stop
ped the proceedings by an order from
Justice L~ippincott, from whom a rule was
procured for certiorari proceedings. The
company then commenced to connect it's
pipes on Mr.. Murray's land, when he
checkmated their move by a restraining
order from the Chancellor, and this form
ed the basis of a legal tilt this morn
Ing between Mr.. Gilbert Collins, for the
company, and ex-Judge Garrick for MUIR
Mr.. Collins In reading his ansyer to the
bill said that the company had been seven
months in constructing the pipe, the total
cost of which win be 81, 200. 900. The right
TO lay the pipe, counsel said, has been
CA45 aAAC 4t1AAA u
the lessees of the Morris Canal Company.
Mr.. Murray, he said, erected a fence a
rev weeks ago around his property, but
h fence was on the Lehigh Valley Com
pany'S property, and he was notified to
take 1t down.
Mr.. Collins put in deeds of the land
claimed by Murray, and these showed
that IN 1866 the the property was conveyed
by Mr.. Culver to the Benson family, and
Murray had no ownership in the property
over which it was proposed to carry the
pipe
Judge Garrick ~contended tha Mr.. MUIR
nay had bought the property from the
Benson family and on it had built a frame
house which has stood for at least twenty
five years. Mr.. Garrick said that the wa
ter company proposed to go under Muir
I'VE won't touch his mouse. We knew
Inns. and Mr.. Murray smiled.
oh" retorted Judge Garrick, *then
ened?"
Mr.. Collins replied that his answer de-
nied that the company ever made a threat.
Ii had no intention of going under Muir
rays house; but in all probability the
fence would come down.
Judge Garrick pleaded for time to an
swer Mr. Collins affidavit. but Mr.. Coll
Inns opposed that, because, he said. the
contractors laying the pipe were under
heavy bonds to complete their work, and
every day was of the greatest Importance,
n to delay thec case meant to delay the
work.
How near to the towpath is the build
ing?" the Chancellor asked.
Right up to the line of the ~towpath,' -
replied Judge Garrick.
We'll. Twill give you leave to reply to
the a~fidavits,' said the Chancellor, Hbut
I will modify the terms of the restrain
ing. order. SO that no work will be done
within a line drawn parallel to the canal
east of the house,
The case was then laid over until next
week, Judge Garriek in the meantime
to take affidayits as to Murray's title
in the land, and the exact boundary line
with its position regarding the towpath,
that being the crucial point in the case.
The work viii proceed in accordance with
the Chance1lor's order.