Allen v. Mayor of Jersey City
Supreme Court of New Jersey
On certiorari to Justice Stilsing. The plaintiff in certiorari was arrested and prosecuted before the First District Police Court of Jersey City, upon a complaint charging him with the violation of a city ordinance, “ by tearing up a portion of Jersey avenue, a public street in-Jersey City, and placing; or causing to be placed, thereon a number of iron rails and a number of railroad ties, thus obstructing the free use of said street by the public.”
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On certiorari to Justice Stilsing. The plaintiff in certiorari was arrested and prosecuted before the First District Police Court of Jersey City, upon a complaint charging him with the violation of a city ordinance, “ by tearing up a portion of Jersey avenue, a public street in-Jersey City, and placing; or causing to be placed, thereon a number of iron rails and a number of railroad ties, thus obstructing the free use of said street by the public.” At the hearing before the justice the defendant filed a special plea of justification,-as follows, viz. :■ “ The defendant, Paul Allen, comes and…
1Opinion of the Court
The opinion of the oourt was delivered by
Depue, J.
The facts set out in the defendant’s plea are ■conceded, and the object of this litigation is to determine the validity and effect of the city ordinance, as against the rights, *525powers and privileges conferred by the legislature upon the-railroad company under whose, rights the defendant justified.
By an act entitled “An act to incorporate the Long Dock Company,” approved February 26th, 1856 (Pamph. L., p. 57), certain individuals, owners of property in Jersey City-known as the Long Dock property, were incorporated. The-company was authorized to…
2Cases cited1 opinion
- State v. Inhabitants of TrentonSupreme Court of New Jersey · 1890
3Cited by5 opinions
- State v. City of ElizabethSupreme Court of New Jersey · 1896
- State v. Township of East OrangeSupreme Court of New Jersey · 1897
- State v. City of Cape MaySupreme Court of New Jersey · 1896
- Hudson & Manhattan Railroad v. Mayor of HobokenSupreme Court of New Jersey · 1907
- State v. City of Cape MaySupreme Court of New Jersey · 1896