Paterson & Newark Railroad v. Mayor of Newark

The opinion of the court was delivered by

Gummere, J.

The city of Newark instituted condemnation proceedings for the purpose of acquiring the right to cross the railroad of the Paterson and Newark Railroad Company with a newly laid-out street called Herbert Place. The railroad company, being dissatisfied with the award of the commissioners rendered in those proceedings, appealed therefrom to the Circuit Court of the county of Essex. On the-trial of that appeal the court refused to permit evidence to be given by the company of the cost of constructing, maintain^ ing and operating safety-gates at…