Kearny Loses Suit for Injunction

Kearny Loses Suit for Injunction

The town council of Kearny, N. J., which recently sought an injunction to prevent the city of Bayonne from laying pipes for the purpose of supplying water to a number of large manufacturing plants on the Kearny meadows, lost the case before the vice-chancellor. A contract was brought into the testimony for the city of Bayonne which was made by Turner A. Beall in 1895 with the Passaic Zinc Company, by the terms of which Mr. Beall acquired a right of way through the company’s plant on the meadows, a consideration being that the company and its successors and assigns be supplied with water at minimum rates. Mr. Beall, according to Gilbert Collins, council for the city of Bayonne, assigned the right of way to the New York & New Jersey Water Co., subject to the performance of the condition stated, while the Federal Ship Building Company and the Blast Furnace Products Corporation became successors in title to the Passaic Zinc Company. As such. Mr. Collins claimed, these corporations are now the legal beneficiaries under the contract made by Mr. Beall, the covenant running with the land. Mr. Collins contended that even the provisions of the home rule act, cited by Mr. Souter in his bill, do not apply where, as in the present case, mains are laid along a private right of way. He further stated that the consent of the town of Kearny to Bayonne’s proposal to furnish water to the two plants named is not required in view of the conceded fact that Kearny is not itself in a position to supply water to them.

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