The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-29
Q SHBRS WIN qHEIR CASE
Decisions Rendered Yesterday
ID the Court Of Errors
and Appeals.
Especial 70 .sThe Jersey civ Newa.ol


TRENTON. June 20. 1S97.-Decisions
were yesterday in the Court
of Errors and Appeals for the June term.
When the court convened all the mem
beers were present excepting Chancellor
McGill, who is Ill, and Lay Judge Kruger
who is abroad.
There was a mere handful of lawyers
present in the court room.
A good part of the day was used up in
the conference room, where the cases to
be decided were considered.
Very few opinions were read, the court
in most Instances simply ~nounci the
decision, with the statement that an opin-
ion would later be filed.
The decision of most general interest
was in the case Of Joseph B. Stricken and
others against the Pennsylvania Railroad
Company, in which the finding of the trial
court for the railroad was upheld. Strick-
er and a companion purchased tickets at
New Brunswick for Perth Amboy via
Railway, and claim they were directed to
a certain train. The train did not stop
at Railway, but stopped at Metuchen. AS
no connection could be made here they
rode on to Elizabeth, to intercept the
Perth Amboy train at that point. The
2lAlEGu CtILS dQul-
tional fare for carrying them from Rah-
way to Elizabeth, and upon their refusal
to pay had them arrested. They were
locked up over night. and sued the COM
pany for damages. The trial Judge grant
ed a non-suit under the law which per-
mirs the arrest of persons who refuse to
pay their fare on railroads, and this was
upheld by the Court of Errors. Justice
Lippincott announced the decision.
After stating the case as above he read
the syllabus of his opinion.
The syllabus said THAT as the declara-
ton was in the form of one for malicious
prosecution, and did not contain a count
Tor false Imprisonment, the proofs must
SHOW that the arrest was made malicious
~ inc without probable cause. and the
evidence falling to disclose the latter ele-
ment OF proof, the non-suit was right.
That regarding the action as one for
false Imprisonment, as it was treated by
the trial judge and by counsel on the ar
gument, still the non-suit must be sus-
tanned because it was the duty of the
plaintiffs under the law to have either
left the train at Metuchen and then
looked to the compan for damages for
the alleged misdirection or to have paid
the additional fare from Railway to Eliza
beth; and having failed to do either. they
become liable to arrest by the conductor
under the statute for the offense Of
hnoWlngiy and wilfully proceeding in a
carriage OF a railroad company beyond the
distance to which fare has been paid
Wi.nout previously paying the additional
rare Tor the additional distance and with
intent to avoid the payment thereof.
Justice Collins dissented, and said that
the case In point was one where the pas
lief that they had a right to ride to El;1s-
beth to make their connection. and that
the jury should be allowed to hear evil
qence on this point and decide the fact.
that ne not only sustained Justice Col
ms, put that he doubted the 'constitu-
ro "a Of the law which permits rail-
OF fares before the indebtedness had been
j~udicially determined. eei
When the vote had been taken If was
anee and five for reversal. This nracti-
court. 'ue io~er
rs Tbs members # the court voting for a
tees Collins, Dixon. Garrison and Judge
Bogart. The members voting for an
ailrMatlve We're Justices Depue, Ludlow.
Llppincott and Judges Hendrickson and
Nixon. anu
The Chancery decree in favor of ex-
assemblyman James Usher of Hudson
which, Mrs. UsherFs mother. Maria = s
knack, sought to have set aside a deed
which presented sae Mrs. Usher with prop
bbr rosugh mof o,1t II s4si tpe' lis IS afirmed. + was
was seventy years old, was thinIinS
OF getting married and wanted the PROB.
Sely PACK, u was charged that she had
peen unduly influenced in conveying the
property to her daughter, but the court
uld not accept this view. Mrs. Knack is
now p v DEAD. 4 decision in her favor would
Fishers 'nai the
The decree of the Chancellor in the case
OF rda ne eo New York and Long Branch Rail
Red Bank and Long Branch Flee
trio Railway Company is Wholly reversal
This was the first case decided BY the
1 Taan 1Gan under the act Of March p.
Errors holds that in his decision the
Chancellor ov~erstepped the AUTHORITY
given him by the act. The opinion does
that under the act the Chancellor cannot
impose upon the mpan whose steam
rallroad is to be crossed at grade by an
bility' OF operating a derailing switch in
the line of the electric railroad.
The court affirmed the decision of the
ware. Lackawanna and Western Railroad
Company VS.. Henry L. Breckenridge and
oIners. Ihls IS a part of the litigation
has been in the New Jersey courts
LIN - llle
right of companies to construct pipe lines
for the transportation of oil. The de-
PENDANTS in error compose the United
States Pipe Line Company. This COM
pany laid pipes under the Dad of the D..
Z. & W.. a Standard Oil Company route
The railroad company tried to have an or
der made by the Chancery Court restrain
ing the United States Pipe Line Company
from transporting oil under its roadbed
and compelling the removal of the pipes.
Chancery Court decided that the
remedy of the railroad company was in
a court at law and not in an equity court.
This decree was appealed from and the
Court of Errors yesterday affirmed the
Chancery Courts finding.
In the case of Marie A. Vreeland and
others VS.. the Mayor of Bayonne. the
Court is reversed and the opinion
holds to be constitutional the acts Of 1887
and 1895 providing for assessments for
prospective sewer benefits for property
in front of which connecting sewers have
not vet been built; but it provides that
the Assessments shall not become liens
against the properties until the connect
ing sewer are constructed.
The Judgment of the Supreme Court Is
and a new trial is granted in
the case Of Young VS.. The Camden
Gloucester and Woodburn Railway Com
pany.
TO WELCOME Mr.. cox.