State v. City of Elizabeth
Supreme Court of New Jersey
Ou certiorari. 'This writ brings up for review an ordinance of the city of Elizabeth, entitled “An ordinance to prevent the use of salt, rock salty saltpetre or salt of any kind or character on any street railway within the city of Elizabeth,” which enacted “ that "hereafter no person or persons, corporation or corporations shall put, throw or place salt, rock salt, saltpetre or any other kind of salt, of causé the same to' be put, thrown or placed on any street railway…
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Ou certiorari. 'This writ brings up for review an ordinance of the city of Elizabeth, entitled “An ordinance to prevent the use of salt, rock salty saltpetre or salt of any kind or character on any street railway within the city of Elizabeth,” which enacted “ that "hereafter no person or persons, corporation or corporations shall put, throw or place salt, rock salt, saltpetre or any other kind of salt, of causé the same to' be put, thrown or placed on any street railway track or other part of the street or streets within the city of Elizabeth, under a penalty of ten dollars for each offence;…
1Opinion of the Court
*621The opinion of the court was delivered by
Depute, J.
The ordinance under review was passed in virtue of section 31, subdivision 7, and section 32 of the city charter. Pamph. L. 1863, pp. 118, 123. It is contended by the prosecutor that the ordinance is invalid for two reasons—-first, that it is unreasonable; and second, that it is an invasion of the legal rights of the prosecutor in respect of the company’s exercise of its franchises within city limits. '
The power of the municipality, by ordinance, to make reasonable regulations controlling the operations of street railway companies within the…
2Cases cited4 opinions
- State v. Inhabitants of TrentonSupreme Court of New Jersey · 1890
- State ex rel. Mayor of Wilbur v. Trenton Passenger Railway Co.Supreme Court of New Jersey · 1894
- Allen v. Mayor of Jersey CitySupreme Court of New Jersey · 1891
- Hamner v. Griffith's AdministratorSupreme Court of Pennsylvania · 1855
3Cited by10 opinions
- Wells v. Town of Mt. OlivetCourt of Appeals of Kentucky · 1907
- Rosencrans v. Township of EatontownSupreme Court of New Jersey · 1910
- State v. City of Cape MaySupreme Court of New Jersey · 1896
- Jones v. Board of Zoning AppealsCourt of Appeals of Maryland · 1938
- Schwarz Bros. v. Board of HealthSupreme Court of New Jersey · 1912
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