The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-10-23
PIPE Line War IN COURT
Vice Chancellor Emery Says
the Court VIII Protect
the United States
Company.
Specfal to the Jerseu Citu Ncsus.

eDec1dt 10 the Jf7Seu CftH NcSc9s
TRENTON. Oct. %, 1Ss6.-vice Chan
celior Emery filed an opinion yesterday
IN the case Of the Delaware, Lackawanna
and Western Railroad Company against
Henry r. Breckenridge and the United
States Pine Line Company, for a man
datory Injunction to prevent the con-
tinuance OF trespasses on lands in the
complasnant's possession as lessee of
the Morris and Essex Railroad Company,
and against the continued fcrcible occu-
patton Of these lands. The case involves
the attempt Of an alleged rival Of the
Standard OIL Company to cross the
State.
Vhe Vice Chancellor decided that the
Chancery Court lacks jurisdiction in the
case, and that he has no right to decide
the main question as to the title Of the
land in dispute, but SO far as relates to
the claim in the compliments bill that
the defendants have interfered with the
compiainants' access to and passage over
the land for the operation of its railroad
and the protection and care of the road
bed, he is of the opinion that the COM
plaInants have the u~ndoubted right to
such access to the land without inter-
ference, pending the settlement of the
title Of the land in a court of law.
h principal invasion which the
complainant complained Of was tie lay
ing of pipes beneath the surface of an
undergrade crossing on the Morris and
Essex Railroad. on a farm in Warren
county. The right Of the road to cross
the farm was granted by a deed dated
March 26, 1864. the deed stipulating
among other things for the erection of
this ,.ndargr.sa ororsna ~
uetsia cfossahg. Inc COM
pid1hanis Claimed that their deed from
Cornelius Stewart. the owner of HE farm
In. 1884 onrx,a,aa 49, 1 ,..
0e7s VonseysQ % eneln the exclusive
under the roadway of the 1ndergrada
crosssn4 mh4aa4 as,-
y = iisnt way
across the surface Of the road. The
plpe ilne company based their contention
20 right 70 lay their pipes upon convey
ances OF lots or parcels of the original
ate"aft farm on each side Of the cross
lhg, mace by the grantees of Stewards
Title after his conveyance to the railroad
company and also upon conveyances sub
sequenfly made by the heirs and de-
glsess OF Stewart Of the title remaining
"a stewart 10 all Of the lands described
IN ms deed TO the coTnpan after his
conveyance 20 the railroad company
s3n the basis Of the defendants conten-
- LIZ 0ttlCo States ripe Line COM
pany IN October, 1885, laid two pipes under
the roadway of the undergrade crossing.
ana 10 prevent their removal incIosed the
crossing by fences and other distractions
and retained possession of these struc-
lures ny rorce-
The Vice Chancellor in his opinion
briefly gives a history of the vast amount
O. LITIGATION which has surrounded the
night, he says that on the application
Of the defendants Vice Chancellor Bird
refused an oraer enjoining the complain
ants from removing the pipes which had
been laid Upon this injunction being
refused the eomplainants ttempte TO
remove the pipes and structures, but the
defendants res sted n retained posses
sion Of the whole crossing BY force.
Things began TO look like a little war.
and to prevent further hcstillfies the
present case was brought for the purpose
OF obtaining The declaration that the
laying of the pipes is a continuing tres
pass. and also to compel the removal of
the pipes iaid. and to enioin the future
laying Of the pipes. The structures
erected by the defendants at the crossing
sin remain. but on the strength Of the
restraining order Issued since the fling
of this bill the army OF men marshaIed