Legal Opinion

New England Railroad v. Central Railway & Electric Co.

Supreme Court of Connecticut

Decided March 23, 1897PublishedCited by 14 opinions

Shit to restrain the defendants from constructing an electric railway,brought to the Superior Court in Hartford County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff upon the first count, and for the defendants upon the second count, and appeal by both parties for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.

1Opinion of the CourtTorrance, J.

In the court below the plaintiff applied for an injunction to restrain the defendants from building the electric street railways described in the complaint, which were designed, as it was alleged, to parallel the steam railroad of the plaintiff.

The complaint contains two counts. The first asks for the injunction chiefly on the ground that the defendants propose to build said railways in the public highways, without having a finding from the Superior Court, ora judge thereof, that public convenience and necessity require their construction ; while the second asks for it chiefly on the ground…

2Cases cited3 opinions

  1. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
  2. Railroad Co. v. EllermanSupreme Court of the United States · 1882
  3. Town of Burlington v. SchwarzmanSupreme Court of Connecticut · 1884

3Cited by14 opinions

  1. Hooker v. AlexanderSupreme Court of Connecticut · 1942
  2. Hartford Electric Light Co. v. LevitzSupreme Court of Connecticut · 1977
  3. City of Groton v. Yankee Gas Services Co.Supreme Court of Connecticut · 1993
  4. Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
  5. In re Shelton Street Railway Co.Supreme Court of Connecticut · 1897

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