State v. Morris & Essex Railroad
Supreme Court of New Jersey
The indictment in this case was found in the Morris Oyer and Terminer. The defendants having been convicted and sentenced, the record was removed into this court by writ of error.
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The indictment in this case was found in the Morris Oyer and Terminer. The defendants having been convicted and sentenced, the record was removed into this court by writ of error. The indictment, which is the only part of the record material to an understanding of the case, is as follows : Morris Oyer and Terminer and General Jail Delivery, August term, 1850. Morris county, ss. — The grand jurors of the state of New Jersey, iij and for the body of the county of Morris aforesaid, upon their oaths and affirmation present, that the Morris and Essex Railroad Company, late of the township of…
1Opinion of the Court
The Chief Justice.
The indictment charges the defendants with the creation of a nuisance, by erecting a building upon the public highway, and continuing it there'; and also by placing cars in the public highway, and suffering them to remain therein. The single question presented for the consideration of the couit is, whether a corporation aggregate is liable to be proceeded against by indictment for 'any offence committed by active means or by an affirmative act, which must of necessity be charged to have been done vi et armis.
The law is well settled, that a corporation aggregate is liable to…
2Cases cited7 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- Hay v. Cohoes Co.New York Supreme Court · 1848
- Chesnut Hill & Spring House Turnpike Co. v. RutterSupreme Court of Pennsylvania · 1818
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Commonwealth v. McIlwain School Bus Lines, Inc.Superior Court of Pennsylvania · 1980
- State v. MaierSupreme Court of New Jersey · 1953