Camden Horse Railroad v. West Jersey Traction Co.

*103The opinion of the court was delivered by

Magie, J.

The Camden Horse Railroad Company, the prosecutor of this certiorari, assails the validity of the ordinance contained in the return which was passed by the city council of Camden on October 25th, 1894, and which located the tracks of the West Jersey Traction Company (which will be called the defendant) and gave it permission to construct, maintain and operate a street railroad in certain streets of that city.

It is conceded by counsel for defendant that the power of the city council to pass such an ordinance is obtained from and must be…