The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-02-14
LIGHT IN COURT.
Vice Chancellor Pitney
Hears Suit Of Morris and
Essex R. R. VS.. Mayor
and Aldermen
Of ]. G.
ALL ABOUT ELECTRIC POLES
Counselor MCGEE Gives Com
plainants' Side Senator
McDerlnott to Re-
ply Tomorrow.
ALL ABOUT ELECTRIC DIES

Vice Chancellor Pitney had before him
all day today the suit of the Morris and
Essex Railroad Company, Delaware,
Lackawanna and Western Railroad Com
pany. complainants, and the Mayor and
Aldermen of Jersey City, Street and Wa
ter Commissioners, and the Jersey City
Electric Company, defendants.
The bill filed by the complainants seeks
an injunction to restrain the defendants
from placing electric light poles on the
lower end of Thirteenth street, which
lands the companies claim belong to them
and Jersey City has no right there what
ever.
Counselor Flavel MCGEE appeared for
the railroads and Corporation Counsel
Allan L. McDermott and Corporation At
torney John w. Queen for the city.
The companies claimed that the digging
of holes for the poles on the street was
done without the consent of the complain
ants, who own the land. The CAIN OF
Jersey City, argued Mr. MCGEE, that by
virtue of some maps of original owners
of land to the west of the land bought
from the Jersey Shore Improvement Com
pany and dedication of Thirteenth street,
the railroad companies could not lay
tracks there, was untenable.
I'VE charge that the authorities of Jer-
sey City had 20 right to extend Thir-
.teenth street or other streets over re-
claimed land and had no right to enter
upon the lands and interfere with the
company using it for railroad purposes.
Your orators further show that if by vir-
tue of maps made, the city had any right
to extend the streets easterly over the
lands reclaimed, the same had ceased to
exist by virtue of the conveyances from
the Jersey Shore Improvement Company
to the Morris and Essex Railroad Com
pany."
Mr. McGee's brief covered one hundred
and fifty pages. He occupied all the
morning in reading it.
The answer of the city among other
matters set forth that the city admitted
that the fee simple of the land was in the
Morris and Essex Railroad Co., but it was
subject to the rights of the public by the
dedication of the streets. Further the
city contended that Thirteenth, Four
teenth and Fifteenth streets were public
streets opened and extended for purposes
of public travel to the Hudson River, and
that these streets were dedicated to pub
lie use on a map, entitled Map of that
part of the town of Jersey commonly
called Aharsimus." The map referred to
was made by Joseph F. Mangin, City
Surveyor, and filed in Bergen County
Clerks office on October l. 1904.
Again the city contended that the COM
plainants were not entitled to interfere
with the right of the public to free access
to the Hudson River by way of these
streets. AS to Thirteenth street, the an
swer said it had existed as public street
over the lands drained by the company
for more than thirty years, and its ex-
istence was recognized by the Jersey
Shore Company, and it was therefore not
necessary for the city to take proceedings
to make it liable to an easement in fav-
or of the public as public highway TO
the Hudson River.
Mr.. McDermott will present his argu-
ment for the city tomorrow.