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action affirmed amendment amount appears application Argued assessment assigned authority BERGEN bond brought building cause charge CHIEF claim condition constitution construction contract cost court was delivered crossing damages defendant in error defendant's determine direction District duty effect election entitled evidence existence express fact feet given ground held hundred injury Insurance interest issue Jersey judge judgment jury JUSTICE land March matter meaning ment mortgage negligence notice objection opinion owner paid Pamph parties passed person plaintiff in error present proceedings proof prosecutor question Railroad Railway reason recover referred refused relator respect result reversed road rule statute street Submitted suit Supreme Court taken testimony tion track train trial VREDENBURGH Vroom witness writ