Luxton v. North River Bridge Co

• Citation: 147 U.S. 337,13 S.Ct. 356,37 L.Ed. 194
• Decision Date: 16 January 1893
• Docket Number: No. 1,106,1,106
• Parties: LUXTON v. NORTH RIVER BRIDGE CO
• Court: U.S. Supreme Court

147 U.S. 337

13 S.Ct. 356

37 L.Ed. 194

LUXTON

v NORTH RIVER BRIDGE CO.

No. 1,106.

January 16, 1893.

Gilbert Collins, for plaintiff in error.

Joseph D. Beale, for defendant in error.

Mr. Justice GRAY delivered the opinion of the court.

This is a writ of error to reverse an order made by the circuit court of the United States for the district of New Jersey on the petition of the North River Bridge Company, appointing commissioners to assess damages for the appropriation and condemnation of land of the plaintiff in error in the city of Hoboken, county of Hudson, and state of New Jersey, for the approaches to a bridge across the North or Hudson river between the states of New York and New Jersey, under the act of congress of July 11, 1890, c. 669, (26 St. p. 268,) entitled 'An act to incorporate the North River Bridge Company, and to authorize the construction of a bridge and approaches at New York city, across the Hudson river, to regulate commerce in and over such bridge between the states of New York and New Jersey, and to establish such bridge a military and post road,' the constitutionality of which, as authorizing such appropriation and condemnation, is denied by the plaintiff in error.

At the threshold of the case lies the inquiry whether the order of the circuit court appointing commissioners to assess damages for the taking by the petitioner of the respondent's land is a final judgment upon which a writ of error will lie. This depends upon the terms and effect of the act of incorporation of the petitioner by the congress of the United States, taken in connection with the general railroad law of the state of New Jersey.

By section 4 of the act incorporating the petitioner, congress has enacted that the compensation for property, real or personal, appropriated and condemned under the act, shall 'be ascertained according to the laws of the state within which the same is located;' that, 'in case any litigation arises out of the construction, use, or operation of said bridge or approaches thereto and railroads thereon, or for the condemnation or the appropriation of property in connection therewith, under this act, the cause so arising shall be heard and tried before the circuit court of the United States for the judicial district in which the bridge or one of the approaches is located;' and that 'applications for condemnation or appropriation of property shall be made in the circuit court of the United States for the district in which such property is situated, upon the petition of said company, and the hearing and trial of all other proceedings thereon shall conform as nearly as may be to the practice in the courts of the state in which such district is situated in the case of condemnation or appropriation of property for railroads.' 26 St. pp. 269, 270.

This direction that the proceedings in the circuit court of the United States shall 'conform as nearly as may be to the practice in the courts of the state' must, of course, like the corresponding direction as to practice, pleadings, and procedure, in section 914 of the Revised Statutes, give way whenever to adopt the state practice would be inconsistent with the terms, defeat the purpose, or impair the effect of any legislation of congress. Railroad Co. v. Horst, 93 U. S. 291; Chateaugay Ore & Iron Co., Petitioner, 128 U. S. 544, 9 Sup. Ct. Rep. 150; Southern Pac. Co. v. Denton, 146 U. S. 202, 13 Sup. Ct. Rep. 44.

By the general railroad law of New Jersey, any railroad corporation, which cannot agree with the owner of land required for the construction of its road, is to present an application, containing a description of the land, to a justice of the supreme court of the state for the appointment of three disinterested, impartial, and judicious freeholders, residents in the county in which the land lies, to examine and appraise the land, and to assess the damages. The commissioners so appointed are to make a report in writing of their assessment, and to file it, together with the description of the land, in the clerk's office of the county, to remain of record therein. Either party aggrieved by the decision of the commissioners may appeal to the circuit court for the county, and there have the damages ascertained by the verdict of a jury, upon which judgment is to be entered; and the report so recorded, with proof of payment or tender by the corporation of the damages assessed by the commissioners, or found by the jury on appeal from their decision, is to be plenary evidence of the company's right to the land. Laws N. J. 1873, §§ 12, 13, c. 413, pp. 94, 95; Rev. St. 1877, pp. 928, 929.

The description and report, so filed and recorded, have been declared by the supreme court of the state to be equivalent to a deed from the owner. Hetfield v. Railroad Co., 29 N. J. Law, 571, 574; Taylor v. Railroad Co., 38 N. J. Law, 28.

By the practice in the courts of New Jersey, either the appointment of commissioners or their award of damages may be reviewed by the supreme court of the state on writ of certiorari. Matters affecting the validity or the reqularity of their appointment may be considered on certiorari to the justice appointing them, after the order of appointment, and before they have acted; and questions of law affecting the power or the action of the commissioners may be determined on certiorari to them, after their award has been filed and not appealed from. Morris & Essex R. Co. v. Hudson T. R. Co., 38 N. J. Law, 548; Lehigh Valley R. Co. v. Dover & R. R. Co., 43 N. J. Law, 528; Central R. Co. v. Hudson Terminal Ry. Co. 46 N. J. Law, 289; De Camp v. Railroad Co., 47 N. J. Law, 43, 518, 4...