New York & Greenwood Lake Railroad v. State

The opinion of the court was delivered by

Reed, J.

The plaintiff in error was tried for maintaining a public nuisance, by reason of its failure to keep in repair a bridge across a cut, which cut being unbridged, obstructed travel upon a public highway in the township of Montclair, in the county of Essex. The cpiestion upon the trial was whether a duty rested upon the defendant below to keep up a bridge across the cut, which cut was made for the purpose of laying a railroad track.

The evidence in the case disclosed the following facts: The Montclair Railway Company was incorporated by an act…