Legal Opinion

Farrell v. Winchester Avenue R.R. Co.

Supreme Court of Connecticut

Decided September 12, 1891PublishedCited by 6 opinions

Suit for an injunction against the use by the defendant horse railroad company of overhead wires in propelling its cars by electricity, and against the granting permission so to do by the mayor and common council of the city of New Haven; brought to the Superior Court in New Haven County, and reserved, on demurrers to the complaint, for the advice of this court. The case is fully stated in the opinion.

1Opinion of the CourtCarpenter, J.

Section 8595 of the General Statutes reads as follows: — “ The use of any improved motive power for drawing passenger cars on any horse railroad other than that furnished by locomotives, dummies, or box engines used on steam railroads, may be permitted and regulated in any city by the mayor and common council, in any borough by the warden and burgesses, and in any part of a town not included in any city or borough, by the selectmen, subject to revocation by the authority granting the same and by a two-thirds vote of its members.”

Section first of the defendant’s charter, (10 Special Laws,…

2Cases cited4 opinions

  1. Ex Parte McCardleSupreme Court of the United States · 1869
  2. Durousseau v. United StatesSupreme Court of the United States · 1810
  3. City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
  4. City of New Haven v. WhitneySupreme Court of Connecticut · 1870

3Cited by6 opinions

  1. Byrne v. Schuyler Electric Manufacturing Co.Supreme Court of Connecticut · 1895
  2. State ex rel. Southey v. LasharSupreme Court of Connecticut · 1899
  3. Blue Cross & Blue Shield of Connecticut, Inc. v. MikeSupreme Court of Connecticut · 1981
  4. International Lumber Co. v. American Suburbs Co.Supreme Court of Minnesota · 1912
  5. Baker v. Belle-Chasse Land Co.Louisiana Court of Appeal · 1920

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