Morris & Essex Railroad v. Central Railroad

The opinion of the court was delivered by

Beasley, C. J.

The questions for consideration in this case arise out of the following facts, which have been agreed upon by the parties: the Central Railroad Company of New Jersey have i’or many years, and prior to the location of the .Morris and Essex railroad at Phiilipsburgh, owned a railroad beginning at Elizabethport and extending to the Delaware river, at Phiilipsburgh. On the 29th May, 1860, the Morris and Essex Railroad Company filed a survey in the office of the secretary of state of New Jersey, under their charter and its supplements, of a…