Clark v. City of Elizabeth

Certain streets in the city of Elizabeth were depressed so as to carry them under two intersecting railroads. The relator owned lands, with buildings thereon, fronting on those streets. He sought a mandamus to compel the municipal authorities to make him an award of damages. The cause was heard upon a rule to show cause, as if on alternative mandamus, the parties stipulating that upon the decision of the rule the pleadings should be so moulded, under direction of the court, as to give either party the right to a writ of error.

The Supreme Court rendered this decision:

“Per Curiam.

“"We think the…