Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1898-01-27
TIE CHOSEN FReEnoLpERs.
ANoHER BATCH oE COUNTY BONDS
AUTHORIZED.

To the Board Of Chosen Efeeh0tders Of ctoM-
cester County,
GENTLEMEN AT your last regular meet
ing held on November 18th, 1897, was
instructed to make an examination as to
the extent of the liability of the West
Jersey and Seashore Railroad Company, to
erect and maintain a bridge over its rail
road on Hunter street. Woodbury., N. j.
under the following section of their Act OF
Incorporation -
SECTION g OF RAILROADS CHARTER.
SO AND BE 1T ENACTED, That it shall be
the duty of the said company, to constr uCt ana
keep in repair good and So t1icient bridges or
passages over or under the said railroad, where
any public road shall intersect and cross the
same SO that the passage Of carriages, horses
and cattle along the said road shall not be Cd.
struoted; and likewise when the said railroad
shall intersect any farm or lands OF any lndt
yidual to provide and keep in repair suitable
and convenient wagon ways over or under the
said road"
OPINION.
In reply, l beg to submit the following
The Act to incorporate the West Jersey
Railroad Company was approved February
5th. 1858.
Hunter street was not laid out as q
public street until years after the said
company was incorporated.
My investigation relates to the public
duty of the Railroad Company under its
said Act of Incorporation.
1t follows, then, that my opinion should
be based upon construction OF that part
of the section of the said Act of Incor-
poration above quoted reading where any
public road shall intersect and cross the
same"
As to the general statutory liability of
the county to build bridges and keep them
in repair, refer to 2 previous opinion
given your Board and upon your Giles.
The duty devoiving upon the West Jer-
sey Railroad Company in regard to bridges
such as the one in question, can only be
based upon the words of their Act of H.
corporation. and the language of the said
section cannot be fairly construed to extend
beyond roads existing at the time Of its
passage. The same words apply to farms !
and if the company is bound to build a
bridge for every future road, then every
farm acquiring land beyond the railroad,
and every farm divided into two, would be
entitled to the same duty from the COM
pany. At the passage of the Act incoFpora-
ting the said company, the railroad had no
existence, the Legislature were making
provision for work about to be constructed,
and they declare that when the railroad
shall cross any public road or farm, that is,
when the railroad shall be constructed
across any public road or farm, it shall be
the duty of the company to repair and
build bridges Such is the plain and
obvious import of the language. To con-
strue it to mean when the railroad shall
cross any public road or when any public
La~ cha he laid nj fho
railroad, the company shall build and re-
pair bridges, is giving broader meaning
to the requirements than the language
fairly imports. Il never could have been
the design of the Legislature to require
that in all future time, whenever land
holder should choose to unite two tracts of
land lying on opposite sides of the rail-
road, into one farm, the company should
build and maintain q bridge for bis accom-
mediation. For example A owns tract
of farm land on one side of the railroad, B
owns tract of farm land upon the other.
A sells his tract to B. Can the said section
of the Act of Incorporation be construed to
mean that the railroad company is bound
to provide and keep in repair suitable and
convenient wagon ways over or under the
said railroad, uniting the said tracts? If
the language of the act will not hear this
construction in regard to farms, neither can
it in regard to highways, the same con-
struclion must Of necessity be adopted in
regard TO both.
The railroad is private property, and so
is a dam and raceway supplying water to
a mill or factory. The general road act in
this State has provided that the public
shall build and repair the bridges over such
races, unless the highway has been laid out
before the making Of the dam and race.and
the same principle is applicable to rail-
road. Nothing less than an express and
IMAM biguons declaration in the act author
izing such railroad, can Justify a different
rule
/ therefore, am of the opinion, that no
liability to the public rests upon the West
Jersey and Seashore Railroad Company to
erect and maintain bridge over the rail-
road on Hunter street, Woodbury., n. j.,
under the said section of their Act of In
corporation.
| may also add that a case resting upon
the same words in chaFter has already
been DECIDED by the Supreme Court of this
State, in the case of The Morris Canal and
Banking Co. VS.. The State, Zabriskie,
page 81, and have applied the decision
rendered in that case by Judge Elmer, to
the matter herein referred to me.
Yours respectfully,
DAVID .. WATKINS
Solicitor,
The Committee on Porch's Mill bridge
reported that after thorough examination,
the conclusion had been reached that a
new bridge was necessary. It is not prob
able that the new bridge will be erected
before Spring.
Mr.. Ledden reported the Simpkin's mill
bridge completed at cost of $215.27.
Director Starr appointed William Sharp
ley, the newly-elected member from the
First Ward, to fill vacancy on sll COM
mittees caused by the death of Henry J.
Hendrickson.
George E. Pierson, for committee, re-
ported extension of wing walls at Wood
bury bridge completed at total cost of
S2O12 AZ.
Mr. E. G. Miller. chairman ofthe Swedes.
boro and Paulshoro Stone Road Committee,
moved that all bids for the construction of
the Repaupo stone road, which bad been
opened by the committee on Wednesday
previous, be rejected, and the committee
to re-advertise for proposals. for its corstruc-
ton. This action was taken in accordance
with the ADVICE of the Solicitor, there being
informalities in several of the bids, ani to
prevent any controversy that it would be
best to re-advertise.
George E. Pierson, on behalf of William
P. Haines, presented the county with a
copy of his History of the Men Of Co. F,
with description of the Marches and Battles
of the 18th New Jersey Vols, which was
received and ordered placed among the
records of the war in the County Clerk:
Office, and suitable acknowledge ent N .de
by the Clerk of the Board to Mr. Haines
Mr.. George e. Pierson. after feeling and
appropriate remarks on the death and
public services and private virtues Of late
Chosen Freeholder Henry ]. Hendrickson
of the First Ward, of Woodbury., moved
that committee be appointed to draf
suitable resolutions expressing the senti
ments of the Board on the sad event.
| The Director appointed George E. Pier.