State v. Mayor of Newark
Supreme Court of New Jersey
On certiorari. This writ of certiorari brings up a resolution passed by the common council of Newark on December 17th, 1890. The resolution, in its first clause, purported to grant to the Rapid Transit Street Railway Company of the city of Newark, and to several other companies, the right to use electrie motors to be supplied with electricity from overhead wires "supported by posts to be placed in the street.
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On certiorari. This writ of certiorari brings up a resolution passed by the common council of Newark on December 17th, 1890. The resolution, in its first clause, purported to grant to the Rapid Transit Street Railway Company of the city of Newark, and to several other companies, the right to use electrie motors to be supplied with electricity from overhead wires "supported by posts to be placed in the street. The second clause regulates the distance between the posts; imposes upon the companies the duty of providing electric lights upon the posts in the middle of the street; also the duty of…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The main question discussed in this case is whether the common council of the city of Newark possessed the power to pass the resolution, the substance of which has been set out. The power to pass this resolution was claimed to exist in the terms of the act of 1886 (Rev. Sup., p. 369) already set forth in the opinion in the preceding case of Green v. Trenton.
The ordinance in that case conferred privileges similar to the ordinance in this.
All that was said in the previous case relative to the scope of the act of 1886 is applicable in this case.
The…
2Cited by4 opinions
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- Levy v. City of ElizabethSupreme Court of New Jersey · 1911
- State v. Board of Public WorksSupreme Court of New Jersey · 1896
- West Jersey Traction Co. v. ShiversSupreme Court of New Jersey · 1895