Legal Opinion

Burritt v. City of New Haven

Supreme Court of Connecticut

Decided April 15, 1875PublishedCited by 25 opinions

Trespass on the case, brought to the Superior Court in New Haven County. The principal count in the declaration was as follows:— That heretofore, to wit, on the first day of May, 1870, the plaintiff was and ever since has been lawfully seized and possessed of a certain lot of land on Prospect street in said city of Now Haven, [describing it,] with a dwelling house thereon standing, in which the plaintiff lived, and that the defendants afterwards, to wit, on August 1st, 1871,…

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Trespass on the case, brought to the Superior Court in New Haven County. The principal count in the declaration was as follows:— That heretofore, to wit, on the first day of May, 1870, the plaintiff was and ever since has been lawfully seized and possessed of a certain lot of land on Prospect street in said city of Now Haven, [describing it,] with a dwelling house thereon standing, in which the plaintiff lived, and that the defendants afterwards, to wit, on August 1st, 1871, and on divers other days between said day and the date of this writ, and while she still owned said property, as she…

1Opinion of the CourtPhelps, J.

This action is brought against both the city of New Haven and the New Haven & Northampton Company, to recover damages for an injury to the plaintiff occasioned by the erection of a bridge at the railroad crossing over Prospect street in said city, and of an embankment or approach leading to the bridge ; and the question whether the plaintiff is entitled to recover against both or either of the defendants, and if against either, which, is reserved by the Superior-Court for the advice of this court.

By the provisions of its charter passed in 1846 the New Haven & Northampton Company in the…

2Cases cited5 opinions

  1. Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
  2. Abendroth v. Town of GreenwichSupreme Court of Connecticut · 1860
  3. Elie v. C. Cowles & Co.Supreme Court of Connecticut · 1909
  4. Judge v. City of MeridenSupreme Court of Connecticut · 1871
  5. Harris v. JohnsonSupreme Court of Connecticut · 1915

3Cited by25 opinions

  1. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
  2. Dyer County v. RailroadTennessee Supreme Court · 1889
  3. American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
  4. Henderson v. City of MinneapolisSupreme Court of Minnesota · 1884
  5. McKeon v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1902

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