State, Delaware, Lackawanna & Western Railroad v. East Orange
Supreme Court of New Jersey
On certiorari to set aside an ordinance. The prosecutors are the lessees of the Morris and Essex railroad, which runs through the township of East Orange, and is used by them in carrying on their business.
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On certiorari to set aside an ordinance. The prosecutors are the lessees of the Morris and Essex railroad, which runs through the township of East Orange, and is used by them in carrying on their business. On the 14th day of January, 1878, the township committee of the township of East Orange passed an ordinance requiring the prosecutors forthwith to station and maintain, in the daytime and in the evening until nine o’clock, at the poiut where their railroad tracks cross each of the following named streets, to wit, Burnet street, Clinton street, and Halsted street, in the township of East…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The reasons assigned for setting aside this ordinance are, that there was no power in the township committee to pass it, and none in the legislature to authorize it. It is argued that these three streets — Clinton, Burnet and *130Halsted streets — have all been opened since the construction of the Morris and Essex railroad, under the charter; and that their lessees, the Delaware, Lackawanna and Western railroad, owe no such duty to the inhabitants of East Orange township as is now put upon them by this ordinance. It cannot, however, be said that…
2Cases cited7 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- New Jersey v. YardSupreme Court of the United States · 1877
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
- People Ex Rel. Kimball v. . B. and A.R.R. Co.New York Court of Appeals · 1877
- State v. NoyesSupreme Judicial Court of Maine · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hudson Circle Servicenter, Inc. v. KearnySupreme Court of New Jersey · 1976
- Douglas v. Central RR Co. of NJNew Jersey Superior Court Appellate Division · 1953
- Central Railroad v. Board of Public Utility CommissionersSupreme Court of New Jersey · 1934