Mayor of Jersey City v. North Jersey Street Railway Co.

The opinion of the court was delivered by

Gummere, Chief Justice.

The defendant company operates a street railway system in the city of Jersey City, and occupies with its tracks and fixtures a certain part of one of the public highways of the city known as Montgomery street, and this action is brought by the municipality to test the company’s right to continue in possession of the designated portion of that street.

It appears from the special verdict that on the 15th day of March, in the year 1859, the Jersey City and Bergen Eailroad Company was incorporated under a special charter granted to it…