State Ex Rel. Howard v. Hartford Street Railway Co.
Supreme Court of Connecticut
Application for a writ of mandamus requiring the defendant to remove a cross-over switch, brought to and tried by the Superior Court in Hartford County, JRorabaalc, J., after motions to quash the application and alternative writ, as well as a demurrer to the return and one to the reply, had been overruled (Thayer, J.') ; facts found and judgment rendered for the defendant, from which the relator appealed.
1Opinion of the CourtHamersley, J.
The relator claims a right to pursue this writ of mandamus on two distinct grounds: first, by reason of his interest as a citizen of Hartford in the enforcement of the legal duty the defendant owes specially to that portion of the public represented by the city of Hartford; second, by reason of his interest as a stranger suffering special damage from the defendant’s failure to perform the corporate duty alleged.
The defendant in its return alleged a former judgment of the Superior Court denying a peremptory writ to enforce the precise, specific duty the relator now seeks to enforce. The return…
2Cases cited6 opinions
- American Asylum at Hartford v. President of the Phoenix BankSupreme Court of Connecticut · 1822
- Daly v. DimockSupreme Court of Connecticut · 1887
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
- Beardsley v. SmithSupreme Court of Connecticut · 1912
- City of Hartford v. Hartford Street Railway Co.Supreme Court of Connecticut · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- National Transportation Co., Inc. v. ToquetSupreme Court of Connecticut · 1937
- Tazza v. Planning & Zoning CommissionSupreme Court of Connecticut · 1972
- Milford Education Assn. v. Board of EducationSupreme Court of Connecticut · 1975
- Monroe v. Middlebury Conservation CommissionSupreme Court of Connecticut · 1982
- Lechner v. HolmbergSupreme Court of Connecticut · 1973
12 more not listed; retrieve them via the Exa API.