Board of Health v. New York & Long Branch Railroad

The opinion of the court was delivered by

Garrison, J.

The hoard of health of the city of Asbury Park, who is the prosecutor of this writ of certiorari, obtained a judgment in the police justice court of that city against the New York and Long Branch Railroad Company for a penalty for the violation of one of the ordinances of the said board. Upon an appeal to the Court of Common Pleas a trial was liad in which a nonsuit was directed upon the ground that the action should have been in the name of the city of Asbury Park and not in the name of the board of health. The propriety of this ruling is…