Haycock v. Jannarone
| Decision Date | 19 November 1923 |
| Citation | 122 A. 805 |
| Parties | HAYCOCK v. JANNARONE. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Appeal from Supreme Court.
Suit by Allan T. Haycock against Phillip Jannarone. From a judgment of nonsuit, plaintiff appeals. Affirmed.
King & Vogt, of Morristown, for appellant.
Reed & Reynolds, of Newark, for respondent.
The following opinion was prepared by the late Mr. Justice BERGEN, in compliance with the assignment to him. It clearly expresses the view of the court upon the matters involved in the litigation, and is adopted by the court as its own opinion in the cause.
The state highway commission undertook to improve a highway on which the land of the plaintiff abutted, and contracted with the defendant to do the work, which consisted in changing the grade of the highway, building a stone wall along the side of it, and grading the ground. The defendant carried out his contract with the state highway commission, and the plaintiff claims that the stone wall was so built as to encroach on his private property, and therefore brought suit against the defendant as a trespasser. At the close of the case, the trial court ordered a judgment of nonsuit to be entered upon the ground that under the statute the state highway commission had a right to enter upon plaintiff's land before making compensation, and that, as the defendant was its servant, he was not a trespasser in carrying out his contract with the commission.
The defense set up was that there was no encroachment, and that what the defendant did, under the direction of the state highway commission, was within the boundary of the highway. The statute relied upon is P. L. 1919, page 523, which authorizes the state highway commission to acquire any land, or rights therein, by condemnation, according to the act relating to the ascertainment and payment of compensation for property taken for public use. P. L. 1900, page 79. The statute of 1919 above cited further provides:
"The state highway commission shall have the right and power to enter upon and take property in advance of making compensation therefor in any case where it cannot acquire land or other property by agreement with the owner."
And also that in any case where the state highway commission exercises this right and enters upon and takes the land in advance of making compensation therefor it shall proceed, under the act of 1900, supra, to condemn the land, and fix the compensation to be paid to the owner, and to do and perform all acts necessary and desirable to effectuate the purpose of the statute. Prior to 1844 there was no constitutional provision requiring the payment of damages to a landowner for land taken for public highways, but the Constitution of 1844, art. 1, par. 16, provides:
"Private property shall not be taken for public use, without just compensation; but land may be taken for public highways, as heretofore,...
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City of East Orange v. Palmer
...power long recognized here to compel the State to institute condemnation proceedings where it has taken citizens' lands, Haycock v. Jannarone, 99 N.J.L. 183, 122 A. 805 (E & A 1923), to require state officers to fulfill ministerial duties, to restrian state agencies from taking unconstituti......
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O'Neill v. State Highway Dept.
...of the facts as found by the jury; the settlement of all legal questions residing in the Supreme Court.' In Haycock v. Jannarone, 99 N.J.L. 183, 122 A. 805 (E. & A.1923), the factual situation was similar to the instant case. In Haycock a suit was brought to eject the state highway commissi......
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O'Neill v. State Highway Dept.
...Department takes lands, it may be ordered to condemn them on the thesis that a statute obligates it to do so. Haycock v. Jannarone, 99 N.J.L. 183, 122 A. 805 (E. & A.1923); cf. Empire Trust Co. v. Board of Commerce and Navigation, 124 N.J.L. 406, 11 A.2d 752 (Sup.Ct.1940), and Hall v. Alamp......
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Miller v. Port of N.Y. Auth.
...one for the performance of which mandamus is the appropriate remedy, and so it has been uniformly held in this state. Haycock v. Jannarone, 99 N.J.L. 183, 122 A. 805; Goodavage v. State Highway Comm., supra; State Highway Comm. v. Elizabeth, supra; Klement v. Del. River Joint, etc., Comm., ......