Delaware, L. & W. R. v. Mayor of Jersey City

CANNING, District Judge.

The question presented by this case is whether the municipal authorities of Jersey City shall be enjoined from interfering with the construction by the complainant, its contractors and agents, of a water main on the complainant’s right of way across West Side avenue in Jersey City. The complainant’s railroad crosses *129the avenue at grade. Its right of way is 100 feet in width. It requires at Jersey City, and elsewhere in that vicinity, for use in its business, over 1,000,000 gallons of water per day. 'In November, 1906, a contract was entered into by the Morris & Essex…