West Jersey Railroad v. Cape May & Schellenger's Landing Railroad

Yan Fleet, Y. C.

The defendants are constructing a horse railroad in the city of Cape May, with the consent of its common council. They claim to have acquired corporate existence and powers in virtue of the provisions of the general railroad law. The complainants seek by injunction to prevent the defendants from proceeding further in the construction of their road. They ask the interposition of the court on three grounds.

*165First They insist that the general railroad law does not authorize the formation of a corporation to construct a railroad to ■carry passengers by horse power. It is not…