Legal Opinion

Smith v. Town of New Haven

Supreme Court of Connecticut

Decided July 10, 1890PublishedCited by 7 opinions

Application for the laying out of a highway; brought to the Superior Court in New Haven County, and appealed by the defendant town from a judgment of the court (Fenn, J.,') overruling a remonstrance to the report of a committee, accepting the report and rendering judgment for the plaintiffs.

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Application for the laying out of a highway; brought to the Superior Court in New Haven County, and appealed by the defendant town from a judgment of the court (Fenn, J.,') overruling a remonstrance to the report of a committee, accepting the report and rendering judgment for the plaintiffs. The case is fully stated in the opinion. 1. The railroad commissioners had no power July 13th, 1888, to direct the highway prayed for to be carried over, the railroad, and to determine the length, width and material of the bridge so directed. Gen. Statutes, §§ 3481, 3482 ; N. York & N. England R. R. Co.…

1Opinion of the CourtF. B. Hall, J.

This is an application to the Superior Court under section 2713 of the General Statutes, for the *206lay-out or extension of a certain street in New Haven across the track of the Shore Line Railroad.

The action was commenced in 1883. A statement of some of the proceedings since that time seems necessary to a consideration of the questions raised by the appeal to this court.

The record discloses that tiie committee of three persons, appointed in 1886, whose duty it was to decide the questions involved in the application, made itsfirst report to the Superior Court in May, 1887, after the parties in…

2Cases cited2 opinions

  1. Patterson v. LeavittSupreme Court of Connecticut · 1821
  2. New York & New England Railroad v. City of WaterburySupreme Court of Connecticut · 1887

3Cited by7 opinions

  1. Strain v. MimsSupreme Court of Connecticut · 1937
  2. Congress Bank & Trust Co. v. BrockettSupreme Court of Connecticut · 1930
  3. Dunn v. FlynnSupreme Court of Connecticut · 1928
  4. Hanson v. Commissioner of TransportationSupreme Court of Connecticut · 1979
  5. Judson v. United StatesCourt of Appeals for the Second Circuit · 1903

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