The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-03-13
good condition as before, P. L. 1855,

good condition as before. p. L. 1855,
p. IA, sec. 2.
At the time the charter was grant
ed to the defendant Company, Norris
town was quite compactly settled and
was a part of Morris Township in the
County of Morris but was not incor-
porated. Madison was, likewise, an
unincorporated village, situated with
in the Township of Chatham in Nor
ris County. Madison is about four
miles from Morristown. Morris Town
ship and Chatham. Township adjoined
in 1855, and that part of Chatham
| Township out of which Madison was
carved in 1889 lies adjoining the Morris
Township line.
1.-THE question here is a very narrow
one does the right to lay gas pipes in
the streets, lanes, avenues, alleys and
public grounds of Morristown and it's
vicinity authorize the defendant COM
pany to enter and lay gas pipes in the
streets of an adjoining independent
municipality 1t seems to me that
such a construction is doing violence
to language. 1t cannot be that the
legislative purpose was to confer upon
the defendant company, under it's
right to lay gas pipes in streets and to
supply gas to buildings in the vicinity
of MCrriStown, the power to enter adj
joining municipalities which had in
dependent governments and of which
Morristown was not then part.
F. Nioi,,ifx NO ,,coI IL, = l,c 80,
plies only the streets, avenues, lanes,
alleys and public places adjoining the
village of Morristown. 1t does not
embrace other places and territory,
constituting an independent munich
pal government, beyond and outside Of
the municipal corporation of which
the unincorporated village of Norris
town was part in 1855. English s
Law Dictionary defines vicinity as
adjacent. That which is near. Web
ster defines vicinity as ~ The quail
ity orstate of being near of not remote ;
nearness: proximity; ~ That which
is adjacent to anything :neighborhood.
Neighborhood is defined as dwelling
near a place; adjoining district the
inhabitants who live in the vicinity of
of each other, as the fire alarmed all
the neighborhood.
Bronson, G. j., in Easterly VS.. Cole
3 N. Y. SOP (505), says, Il understand
neighbOrhood to mean the same town
or place where the plaintiff carried on
business and not a different town or
place In Coyle VS.. Chicago r. r.
Co., p Mo. App. 5S4, the court adopt
Webster's definition.
The act of incorporation of the
defendant company is not difficult of
construction. It's language construes
itself. The company is Incorporated
to supply gas for the purpose of light
ing the streets, buildings and manu-
factories and other places situated
IN Morristown and it's vicinity
Every building or other place in
Morristown may be lighted. Build
ings in the vicinity of Morristown
may also be lighted. The intent was
to give the defendant the right to
lay gas pipes and light Morristown
and the buildings or factories lying
in its vicinity that is adjoining
Morristown.
''If this construction is not put
upon act, where will you say vicinity
extends? If it takes in the indie
pendent municipality of Madison,
why not Chatham and Summit?n
Is it not clear that the Legislature
meant to cotitine the franchise of this
Company to the place named in the
Act and its vicinity as contra dis
/ tinguiShed from other towns and
places? 1t seems to me this is clear.
The decree below is reversed.
Filed March 2, 1903
f, D. DICKINSON,
Jerk