Board of Chosen Freeholders v. New York Bay Railroad

The opinion of the court was delivered by

Minturn, J.

The counties of Essex and Hudson, pursuant to enabling legislation passed in 1901 (Pamph. L., p. 292), acquired title to and possession of the Newark plank road, practically connecting the cities of Newark and Jersey City, in the respective counties. The railroad company, defendants, are in the joint use and ownership under agreements and legislative acts, of a line of railroad crossing the plank road, by means of a bridge supported by abutments from embankments upon both sides of the road.

The counties, in view of the increased necessities…