New York, New Haven & Hartford Railroad v. Bridgeport Traction Co.
Supreme Court of Connecticut
Suit for an injunction to prevent and restrain the defendant from constructing its electric railway across and upon the tracks of the plaintiff at a certain highway crossing in the city of Bridgeport; brought to the Superior Court in Fair-field County and tried to the court, Shumway, J.; facts found and judgment rendered for the plaintiff and appeal by the defendant for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.
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Suit for an injunction to prevent and restrain the defendant from constructing its electric railway across and upon the tracks of the plaintiff at a certain highway crossing in the city of Bridgeport; brought to the Superior Court in Fair-field County and tried to the court, Shumway, J.; facts found and judgment rendered for the plaintiff and appeal by the defendant for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. I. The legislature gave the defendant, in express terms, the right to construct its electric line across the tracks of the plaintiff…
1DissentHamersley, J.
It has become the settled policy of this State that the intersection of a railroad and highway at grade is a dangerous public nuisance that should be abated as rapidly as possible. Dyson v. N. Y. & N. E. R. R. Co., 57 Conn., 21; N. Y. & N. E. R. R. Co.'s Appeal, 62 Conn., 540. If this is true of a railroad crossing a highway how much more true is it of one railroad crossing another. The latter crossings were not sufficiently numerous to call for general legislation until 1882, when it was enacted that “ no railroad shall cross any other railroad at grade without the consent and approval of…
2Cases cited6 opinions
- Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
- Burritt v. City of New HavenSupreme Court of Connecticut · 1875
- Goodman v. JewettSupreme Court of Connecticut · 1856
- City of Norwich v. StorySupreme Court of Connecticut · 1856
- New York & New England Railroad Company's Appeal from Railroad CommissionersSupreme Court of Connecticut · 1893
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