Montclair Military Academy v. North Jersey Street Railway Co.

The opinion of the court was delivered by

Dixon, J.

The plaintiff, in the spring of 1898, was the owner of real property fronting on Bloomfield avenue, Mont*230elair, and the defendant desired to construct an electric railway, through the avenue in accordance with the act of April 21st, 1896. Pamph. L., p. 329. By the terms of that act the permission of the governing body of the municipality is made a prerequisite for the construction of such a railway, and that body is without legal power to grant permission until, there is filed with its clerk the written consent of the owners of at least…