Central Railroad v. City of Elizabeth

The opinion of the court was delivered by

Garrison, J.

Section 1 of the ordinance brought up by this writ is void for uncertainty. It is directed against steam railway companies that have failed to comply with or observe the provisions of the act of April 14th, 1864. That statute, however, prescribed no duty to he performed by any steam railway company and contained no provision of any sort which they were commanded to observe; on the contrary,' its sole object and effect was to grant to steam railway companies, having certain peculiarities of construction and operation, immunity from municipal…