Point Pleasant Electric Light & Power Co. v. Borough of Bayhead
New Jersey Court of Chancery
On bill for injunction and affidavits, answer and affidavits. •The complainant is a corporation of this state, incorporated under the General Corporation act, approved April 7th, 1875, and the supplements thereto. By its certificate it is stated, among other things, that its object was the construction and operation of a plant for supplying and distributing electricity for electric lights, &c.
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On bill for injunction and affidavits, answer and affidavits. •The complainant is a corporation of this state, incorporated under the General Corporation act, approved April 7th, 1875, and the supplements thereto. By its certificate it is stated, among other things, that its object was the construction and operation of a plant for supplying and distributing electricity for electric lights, &c. The principal part of its business was transacted at the borough of Point Pleasant Beach, in Ocean county. It constructed its poles, wires and equipment within that borough, and desiring to extend its…
1Opinion of the Court
Gruy, Y. C.
There is very little, if any, dispute between the affidavits annexed to the bill of complaint and those appended to the answer as to the facts in this ease. The argument made was almost wholly upon questions of law.
The complainant company claims that, under the statute of April 21st, 1896 (P. L. of 1896 p. 322), it has received directly from the legislature full power to use the highways of the state for the purpose of erecting poles to sustain wires, &c., upon first obtaining, the consent, in writing, of the owners of the soil. That statute enacts that
“any corporation organized *…
2Cases cited2 opinions
- Howell v. StateSupreme Court of New Jersey · 1898
- Benton v. City of ElizabethSupreme Court of New Jersey · 1898