Benton v. City of Elizabeth

The opinion of the court was delivered by

Dixon, J.

The ordinance attacked, by this writ of certiorari purports to grant to the National Transit Company the privilege of opening and crossing certain streets in the city of Elizabeth, and. of laying and maintaining a pipe therein for the transportation of oil, and to regulate the exercise of the privilege.

In considering the case we must assume that the National Transit Company has corporate power to 'acquire and exercise the right of laying pipes for the transportation of oil in this state, because the prosecutors have raised no question whatever…