Mayor of Metuchen v. Pennsylvania Railroad
Supreme Court of New Jersey
On appeal of the Pennsylvania Eailroad Company, and cross-appeal of the borough of Metuchen from a decree advised by Vice-Chancellor Pitney, whose opinion is reported in 71 N. J. Eq. (1 Buck.) Ji-OJ/..
1Opinion of the Court
The opinion of the court was delivered by
G-ummere, Chief-Justice.
Prior to the year 1889 the railroad of the Pennsylvania Eailroad Companjr, lessee of the United New Jersey Eailroad and Canal Company, crossed Main street in the borough of Metuchen at grade. For the better safeguarding of the public using this highway this grade crossing was, in the year mentioned, abolished by the lowering of the grade of Main street on each side of the railroad tracks, and the construction by the railroad company of a passageway under its railroad, connecting at each end with Main street at the lowered grade…
2Cited by3 opinions
- County of Bergen v. Bd. of Public Utility Com'rsNew Jersey Superior Court Appellate Division · 1949
- Davis v. LewisCourt of Appeals for the Third Circuit · 1923
- New Jersey Highway Authority v. Central RailroadSupreme Court of New Jersey · 1956