City of Hoboken v. Pennsylvania R. Co.

• Decision Date: 24 May 1883
• Citation: 16 F. 816
• Parties: CITY OF HOBOKEN v. PENNSYLVANIA R. CO. and others. [1]
• Court: U.S. District Court — District of New Jersey

16 F. 816

CITY OF HOBOKEN v. PENNSYLVANIA R. CO. and others. ^[1]

United States Circuit Court, D. New Jersey.

May 24, 1883

Malcolm W. Nevin, with whom was John C. Besson and G. N. McCarter, of counsel, for plaintiff.

Leon Abbett and Jas. B. Vredenburgh, with whom was Ex-Gov. Bedle and Barker Gummere, for defendants.

NIXON J.

The mayor and council of the city of Hoboken brought six several suits in ejectment in the supreme court of New Jersey against the owners of land on the Hudson river in front of said city involving the right of the city to extend Newark street First, Second, Third, and River streets over said land to the river front, without making compensation in damages for such extension. These suits were removed into this court by the several defendants, and, by stipulation between the counsel of the respective parties, have been tried by the court without the intervention of a jury. The claim of the plaintiff is for an easement, and is based upon the dedication of certain streets in the year 1804 by Col. John Stevens, who was then the owner of between 500 and 600 acres of land on the western shore of the Hudson river, where the city of Hoboken now stands, and who made 'A Plan of the New City of Hoboken, in the County of Bergen,' and caused the same to be filed in the clerk's office of said county in the month of April, 1805. This plan, on the map known as the Loss map, exhibits a number of streets running north and south, and a still larger number running east and west; all of the latter, except one, apparently terminating on the river front at their eastern end, and one of the former having a like terminus on the south. Since that date, and by legislative authority, the river bed below the ancient high-water mark has been filled in for a long distance to the east and south of the land included in the Loss map rendering the navigable water inaccessible from the streets as therein laid out and dedicated. This controversy has reference to extending one of these streets, not named on the map, but now called River street, to the south, and four others, to-wit, Newark street, designated on the map the Philadelphia Post-road, and First, Second, and Third streets, to to the east, until they respectively reach the navigable water of the river. The city claims the right of extension by virtue and force of the Stevens dedication. The defendants resist it, asserting that the title of Col. Stevens was limited to high-water mark of the river in 1804; that the soil below the high-water mark, as it then existed belonged to the state of New Jersey, which not only has never acquiesced in any easement over the land, but by various enactments has conferred upon the defendants or their grantors an absolute title inconsistent with any right of way in the public over the same. I find as questions of fact in the case:

(1) That the tract of land on which the city of Hoboken has been mainly built was formerly the property of Col. John Stevens, and contained originally five hundred and sixty-four acres.

(2) That in the year 1804 Col. Stevens, then being the owner of said tract, caused to be made 'A Plan of the New City of Hoboken, in the County of Bergen,' known as Loss' map, which was filed in the clerk's office of the county of Bergen in April, 1805.

(3) That the public streets laid out on said map, running east and west, extended eastwardly to the high-water mark of Hudson river, as it then existed.

(4) That the only street thereon, running north and south, which concerns the present controversy, is now called River street, and its southerly terminus, on the map, was at the high-water mark of said river.

(5) That subsequent to the filing of said map Col. Stevens conveyed several lots or parcels of the land shown thereon to different persons, and described the lots so conveyed by reference to the map and the streets delineated thereon, and that other owners, deriving title from or under him, have since conveyed lots within said plan, describing the same by reference to the map and streets.

(6) That at the time of the filing of said map in the clerk's office the title to all the land fronting the said Stevens property, and lying between high and low-water mark of the west bank of the Hudson river, was in the state of New Jersey.

(7) That 'The Hoboken Land & Improvement Company' was incorporated by the legislature of said state by an act entitled 'An act to incorporate the Hoboken Land & Improvement Company.' approved February 21, 1838; that by section 1 of the act they were authorized to hold real estate, but the amount held by the company should not exceed 1,000 acres at any time; that by the fourth section the company was empowered to purchase, fill up, occupy, possess, and enjoy all land covered with water fronting and adjoining the lands that might be owned by them, and to construct thereon wharves, piers, and slips, and all other structures requisite or proper for commercial and shipping purposes, provided that it should not be lawful for the company to fill up any such land covered with water, nor to construct any dock, pier, or wharf immediately in front of the lands of any other person or persons owning down to the water, without the consent of such persons first had in writing.

(8) That by virtue of the powers and privileges of said act of incorporation the company purchased all the land and real estate described in the deed of conveyance from Edwin A. Stevens and others, bearing date May 6, 1839, and duly recorded in the clerk's office of the county of Bergen in Liber 13 of Deeds, fol. 105; and in which, among other land, is included the tract of 564 acres embraced in the Loss map, and formerly the property of Col. Stevens.

(9) That at the time of said transfer by Edwin A. Stevens and others to the said Hoboken Company, the land for which these suits were brought by the city of Hoboken was under water, and since the date of said conveyance has been filled up, occupied, and possessed by said company or their grantees; and that all of said land under water was in front of and adjoining the real estate purchased by the company; that since the time of said purchase the company, or their grantees, have at various times reclaimed the land from the water, and have constructed thereon wharves, harbors, piers, and slips, and other structures requisite or proper for commercial purposes, and have been in the exclusive possession, occupancy, and enjoyment of the same from the time of such reclamation.

(10) That the city of Hoboken was incorporated by the legislature of the state of New Jersey, by an act approved March 28, 1855, with the powers and privileges therein granted, pro ut the same, and that the territorial limits of the said city embraced all the lands shown on the Loss map, and also a large tract of real estate adjoining the same on the west, extending to the west line of lands of the late John G. Costar, deceased, and that previous to said incorporation its territory embraced (a portion of) one of the townships of the county of Hudson.

(11) That the city of Hoboken never by ordinance recognized River street, south of Third street, and only recognized its existence as far south as Third street, by the ordinance of January 9, 1858; that Newark, First, and Second streets were never recognized by ordinance east of Hudson street prior to the ordinance of October 5, 1875, which ordinance provided that said streets should extend to the high-water mark on the Hudson river; and that Third street was never recognized east of River street prior to the said ordinance of October 5, 1875, which ordinance also provided that said street should extend to high-water mark of said river.

(12) That no proceedings have been taken by the city to condemn the lands in controversy, or to take them for the purposes of a public street, except the passage of the ordinance of 1875, and the bringing of these actions of ejectment, claiming the dedication of the lands as a public street under the Loss map of 1804.

(13) That the Hoboken Land & Improvement Company, in consideration of $68,583.33, executed a deed to the Camden & Amboy Railroad Company, dated December 1, 1864, conveying a tract of land at the foot...