Anderson v. Jersey City Elec. Light Co.

• Decision Date: 12 June 1899
• Citation: 43 A. 654,63 N.J.L. 387
• Parties: ANDERSON v. JERSEY CITY ELECTRIC LIGHT CO.
• Court: New Jersey Supreme Court

43 A. 654

63 N.J.L. 387

ANDERSON

v. JERSEY CITY ELECTRIC LIGHT CO.

Supreme Court of New Jersey.

June 12, 1899.

(Syllabus by the Court.)

Action by John Anderson against the Jersey City Electric Light Company. Demurrer to the declaration. Overruled.

The second count of the declaration is as follows: "Also for that, whereas, the said defendant, the Jersey City Electric Light Company, heretofore, to wit, on the 25th day of August, 1898, was the owner and did operate, manage, and control a certain electric light and power plant, with its machinery, poles, wires, and appliances, in the city of Jersey City, in the county of Hudson aforesaid. And whereas, the said defendant, on the day and year aforesaid, in the city of Jersey City, in the pursuit of its said business, had the management and control of a certain line of electric light and power wires extending through and along various streets in the city of Jersey City, in the county of Hudson aforesaid, and into various houses and buildings located on the line of said streets, one section or portion of which line extended through and along a certain street or avenue in said city called or known as 'Bergen Avenue,' over which said street the said line was suspended by poles, and from said poles on Bergen avenue said wires were strung or conducted to and into a certain building known as the 'Carteret Club House,' and said wires, consisting of two lines of wires, were strung or suspended from said line of wires to a certain light or air shaft in said Carteret Club House to a point in the easterly side of said light shaft, and were then continued in a downward course to a converter and transformer on the westerly side of said air shaft, and within a short distance of the floor or bottom of said shaft, which floor or bottom of said shaft formed the roof of the toilet room in said building, and said two wires were then turned eastwardly and southwardly and upwards into the southerly wall of said light shaft, forming a network of wires in said shaft in said building known as the 'Carteret Club House.' And whereas, the said defendant, on the 25th day of August, 1898, was accustomed, and for a long space of time theretofore, to wit, for the space of two years, had been accustomed, to use said line of wires for the purposes of furnishing light and power to buildings and manufactories in said city of Jersey City by electricity, and to that end was accustomed, and for the said space of time had been accustomed, to pass, and...