Duffy v. Mayor of Jersey City

The opinion of the court was delivered by

Bergen, J.

The prosecutor moves to make absolute a rule to show cause why a writ of certiorari should not issue to review an ordinance adopted by the mayor and aldermen of Jersey City granting to the defendant the Hudson and Manhattan Railroad Company the right to construct an entrance from the surface of Railroad avenue, in Jersey City, to its underground railway and a superstructure over the same.

The undisputed facts are that in 1837 Cornelius Van Vorst and wife convoyed in fee-simple to the Hew Jersey Railroad and Transportation Company a strip of…