Supreme Court of New Jersey February 15, 1878 (State ex rel. Wheeler v. Essex Public Road Board)

The opinion of the court was delivered by

Reed, J.

The first plea interposed as a reason why a writ should not go is, that the respondents took down the said dam and laid out and constructed the said avenue on the' land occupied by said dam, by the leave and license of the said Wheeler.

To an ordinary action of trespass brought by Wheeler, this would, of course, have been an answer.