State v. Mayor of Jersey City

The opinion of the court was delivered by

Dixon, J.

The board of street and water commissioners of Jersey City having, on March 5th, 1894, passed an ordinance giving the North Hudson County Railway Company *294permission to lay tracks, erect poles and string wires on several streets of the city, among them Grove street, from Pavonia avenue to the Hoboken line, the prosecutors, owning property on that street, sued out this certiorari to test the legality of the ordinance.

A fundamental question, lying at the basis of matters which we must consider in passing upon the objections of the prosecutors, is…