POULOS v. DOVER BOILER AND PLATE FABRICATORS


2 N.J. Super. 473 (1949)

64 A.2d 468

JULIA POULOS, PLAINTIFF, v. DOVER BOILER AND PLATE FABRICATORS ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 11, 1949.


Attorney(s) appearing for the Case

Mr. Paul Colvin, for the plaintiff.

Messrs. Hopkins, Vorburger & Dickson (Mr. Herman G. Vorburger) for defendants Dover Boiler and Plate Fabricators and L.O. Koven & Brother, Inc.

Mr. Donald R. Creighton for defendants The Hudson Realty Company, Inc. and The Delaware Lackawanna & Western Railroad Company, Inc.


FREUND, J.S.C.

This proceeding was commenced in the former Court of Chancery to enjoin the defendants from closing a roadway and interfering with the use thereof, on the ground that an easement of right-of-way exists over lands owned by the defendants in the Town of Dover, Morris County, New Jersey.

Prior to the adoption of the 1947 Constitution of the State of New Jersey, such an action would not have been maintainable in the Court of Chancery. The rule then...

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