Borough of Madison v. Morristown Gaslight Co.

The opinion of the court was delivered by

Fort, J.

The bill in this case is filed by the borough of Madison to enjoin the defendant company and its agents from digging trenches and the like in Madison avenue in said borough.

The Morristown Gaslight Company was incorporated by special act of the legislature, approved February 19th, 1855. *357P. L. of 1855 p. 7p By the first section of the act it is provided that the company "shall have power and authority to manufacture, make and sell gas * * * for the purpose of lighting the streets, buildings, manufactories and other places, situated in Morristown…