Legal Opinion

State v. City of Cape May

Supreme Court of New Jersey

Decided February 15, 1896PublishedCited by 4 opinions

On certiorari. This certiorari brings up for review a certain resolution and ordinance of the city of Cape May. The resolution was adopted by the city council of the city of Cape May, June 4th, 1895, and is as follows : “ Whereas, The Delaware Bay, Cape May and Sewell’s Point Railroad Company, without the sanction or authority of the city council, on the 28th day of May last, made an' extension of its road by laying an additional track on Beach avenue, from the Sea Breeze…

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On certiorari. This certiorari brings up for review a certain resolution and ordinance of the city of Cape May. The resolution was adopted by the city council of the city of Cape May, June 4th, 1895, and is as follows : “ Whereas, The Delaware Bay, Cape May and Sewell’s Point Railroad Company, without the sanction or authority of the city council, on the 28th day of May last, made an' extension of its road by laying an additional track on Beach avenue, from the Sea Breeze Hotel westward to the end of Beach avenue drive, a distance of about fifteen hundred feet, the effect of which is…

1Opinion of the Court

The opinion of the court was delivered by

Lippincott, J.

The prosecutor of this writ, a railroad corporation organized under the general laws of this state, is in the operation of an electric street railway for the carriage of passengers in the city of Cape May, under and by virtue of an ordinance approved June 29th, 1892.

There is no contention on the part of the street railway company that it is vested with any power to operate a street railroad on Beach avenue, in the city of Cape May, without the consent of the proper city authorities.

The right to grant the license or permission to use this…

2Cases cited7 opinions

  1. State v. Mayor of Jersey CitySupreme Court of New Jersey · 1894
  2. Attorney General v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
  3. Finch v. Riverside & Arlington RailwayCalifornia Supreme Court · 1891
  4. Borough of Stamford v. Stamford Horse RailroadSupreme Court of Connecticut · 1888
  5. State v. Mayor of South AmboySupreme Court of New Jersey · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. City of Cape MaySupreme Court of New Jersey · 1896
  2. State v. City of Cape MaySupreme Court of New Jersey · 1896
  3. Essen v. City of Cape MaySupreme Court of New Jersey · 1905
  4. State v. City of Cape MaySupreme Court of New Jersey · 1896

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