State v. Board of Chosen Freeholders
Supreme Court of New Jersey
On application for writs of certiorari. “An act to authorize boards of chosen freeholders to widen, straighten, grade and otherwise improve highways under their control, and to provide for the construction of street railroads thereon ” was approved June 13th, 1898. Pamph.
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On application for writs of certiorari. “An act to authorize boards of chosen freeholders to widen, straighten, grade and otherwise improve highways under their control, and to provide for the construction of street railroads thereon ” was approved June 13th, 1898. Pamph. L.,p. 461. Section 1 empowers the board of chosen freeholders of any county in this state to widen, straighten, change the grade or location of or otherwise improve any public highway under its control or part thereof, and to authorize the construction and operation of a street railroad thereon ; and after making and filing…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
I will present and discuss in convenient order the reasons assigned for the allowance of writs to these applicants.
*161First. The statute is assailed as a local or special law regulating the internal affairs of counties, because in its second section it is enacted that nothing in the act shall be construed to authorize the construction of a street railroad on any public highway on which it is not lawful at present to authorize the construction of a street railroad. It is claimed that thereby the operation of the act is restricted to public…
2Cases cited4 opinions
- State v. Hudson County Board of Chosen FreeholdersSupreme Court of New Jersey · 1892
- Luderitz v. LuderitzNew Jersey Court of Chancery · 1917
- State v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1894
- Harrington Township Road Commission v. Collector of Harrington TownshipSupreme Court of New Jersey · 1892
3Cited by3 opinions
- Breslin v. Fries-Breslin Co.Supreme Court of New Jersey · 1904
- Aaronson v. United StatesCourt of Appeals for the D.C. Circuit · 1935
- Stratford v. MallorySupreme Court of New Jersey · 1904