Newton v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action to recover damages for injury to and depreciation in the value of land of the plaintiff’s testator, caused by the elimination of a grade-crossing, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled (Elmer, J.') and the cause was afterwards tried to the jury before Shumway, J.; verdict and judgment for the plaintiff for $2,200, and appeal by the defendant for alleged errors in the rulings and charge of the court.
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Action to recover damages for injury to and depreciation in the value of land of the plaintiff’s testator, caused by the elimination of a grade-crossing, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled (Elmer, J.') and the cause was afterwards tried to the jury before Shumway, J.; verdict and judgment for the plaintiff for $2,200, and appeal by the defendant for alleged errors in the rulings and charge of the court. The plaintiff is the executrix of Thomas E. Newton, late of the town of Orange. In her complaint she avers that as such executrix…
1Opinion of the CourtAndrews, C. J.
The plaintiff alleges in her complaint, that as executrix of Thomas E. Newton she is the owner of a tract of land in the town of Orange which abuts on its easterly side a certain highway known as Union street. It appears in the case that the defendant is a railroad corporation operating a four-track railroad through the said town of Orange and across the said Union street at grade. Acting in pursuance of an order of the railroad commissioners made for the purpose of removing the said grade-crossing and another like crossing in an adjacent street, the defendant closed a portion of the said…
2Cases cited16 opinions
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Peck v. SmithSupreme Court of Connecticut · 1814
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
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3Cited by36 opinions
- Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Stavola v. PalmerSupreme Court of Connecticut · 1950
- Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
- Antenucci v. Hartford Roman Catholic Diocesan CorporationSupreme Court of Connecticut · 1955
- State Highway Board v. BaxterSupreme Court of Georgia · 1928
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