Bradley v. New-York & New-Haven Rail-Road
Supreme Court of Connecticut
This was an action on the case. The declaration stated, that the plaintiff, being seised in fee and possessed of the piece of land in the city of New-Haven, therein described, with a building thereon, occupied by him, as a blacksmith, the defendants, on the day therein mentioned, and on divers days and times between that day and the bringing of the suit, wrongfully and injuriously, and without taking reasonable care to prevent the injuries thereinafter mentioned, made a…
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This was an action on the case. The declaration stated, that the plaintiff, being seised in fee and possessed of the piece of land in the city of New-Haven, therein described, with a building thereon, occupied by him, as a blacksmith, the defendants, on the day therein mentioned, and on divers days and times between that day and the bringing of the suit, wrongfully and injuriously, and without taking reasonable care to prevent the injuries thereinafter mentioned, made a large excavation for the bed of a certain rail-road, by the defendants there constructed, in the land next adjoining the…
1Opinion of the CourtStorrs, J.
From the pleadings in this case, it appears, that the justification set up by the defendants, for the acts complained of, is founded on the powers conferred upon them by their charter, and also on the power conferred on the New-Haven and Northampton Company, by the charter *302of the latter company, and the authority claimed to be conveyed to the defendants, by that company, in the lease of the location of their rail-road where it passed by the lands of the plaintiff. So far as the provisions of the charters of these companies, and the resolutions of the legislature, are particularized in the…
2Cited by49 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Imperial Irrigation Co. v. JayneTexas Supreme Court · 1911
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Anselmo v. CoxSupreme Court of Connecticut · 1948
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