Reports of Cases Decided in the Court of Chancery of the State of New Jersey (Volume 32)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 Excerpt: ...that he intended to make large use of his mill. According to his testimony, the next occurrence, in order of time, on the subject, was his seeing some boxes, two feet eight inches wide, ready to be laid at a road (Farragut road) which had been laid out over Mr. Johnston's property. He says he spoke about them to the carpenter who had them in charge, and that the latter brought to him the following letter from Mr. Johnston to him, dated November 12th, 1872: The surveyors of Somerset county have prepared a wooden culvert, three feet wide, to be placed in the Hotchkiss raceway (the raceway in question) where it crosses Farragut road. It is understood and agreed between us that, by suffering this to be done, you are to lose no legal rights to the present width of raceway, and that in case of your finding the fiow of water insufficient, you shall have the same rights as now to require the enlargement of the same. It is not the intention of this paper to give any rights, but only to guard against the loss of any that now exist. Mr. Hyde swears that the next knowledge he had on the subject was that the boxes had been put in and covered up, from Farragut road northward, across Mr. Johnston's property to the dam, and that they were all in place under ground and ready to be covered up from the road to his mill. He also distinctly and expressly swears that he had no notice or knowledge of the operation of laying the boxes by Mr. Johnston north of the road, and none of their being put down on the other side of the road, nearest to his property, until they were being placed there. He was not using the mill at the time, and relied on the letter just mentioned Johnston v. Hyde. for his protection, although he says he knew the boxes were too small. ...