City of Cape May v. Cape May Transportation Co.

The opinion of the court was delivered by

Lippincott, J.

There are in this case separate demurrers to the first and second counts of the declaration.

The first count of the declaration sets out that on June 9th, 1881, the plaintiff by an ordinance granted to the Cape May and Sewell’s Point Railway Company the right to lay out and construct a certain railway in the city of Cape May along the sea beach, and that in and by said ordinance it was provided that in consideration of said grant the railroad company should pay, or cause to be paid into the treasury of the city, the sum of $20 per annum,…