Paterson, Newark & New York Railroad v. Town Council of Nutley

The opinion of the court was delivered by

Swayze, J.

The writ in this case brings up an ordinance of the town of Nutley laying- out and opening Hillside avenue, from Vreeland avenue to Kingsland street, crossing the roadbed and tracks of the prosecutor at grade. The evidence shows that the opening of this street will make it necessary for the prosecutor to change the- grade of its freight track and yard, which are now three or four feet below tire main track, and must be brought to the -same level in order to malee a proper crossing for the proposed street. Two of tire commissioners testified…