Dickerman v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action to recover damages for an alleged taking of the plaintiff’s land in effecting the removal of a grade crossing, brought to the Superior Court in New Haven County and reserved by that court, Prentice, J., upon a demurrer to the amended and supplemental complaint, for the consideration and advice of this court.
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Action to recover damages for an alleged taking of the plaintiff’s land in effecting the removal of a grade crossing, brought to the Superior Court in New Haven County and reserved by that court, Prentice, J., upon a demurrer to the amended and supplemental complaint, for the consideration and advice of this court. The complaint in this case was dated the 8th day of February, 1888, and made returnable to the Superior Court in New Haven county on the first Tuesday of the following March. It alleged that the plaintiff was the owner of a tract of land in the city of New Haven on the north side…
1Opinion of the CourtAndrews, C. J.
The sixth paragraph of the complaint avers “that by reason of said order of said railroad commissioners and of said judgment of said Superior Court, the property and estate of the plaintiff has been taken by the defendants for the purpose of said bridge abutments, embankments and approaches, to the great damage of the plaintiff.” There '.is in the complaint no averment that any property of the plaintiff has been taken or in anywise injured, so that therefrom he has suffered damage other than is set forth in this ¡paragraph. There is no averment that either of the defendants had taken any step…
2Cases cited4 opinions
- Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
- Goodrich v. StantonSupreme Court of Connecticut · 1899
- Woodbridge v. Pratt & Whitney Co.Supreme Court of Connecticut · 1897
- Smith v. JewellSupreme Court of Connecticut · 1899
3Cited by10 opinions
- Smith v. SmithSupreme Court of Connecticut · 1932
- Lawrence v. PedersonWashington Supreme Court · 1904
- Hill v. WrightSupreme Court of Connecticut · 1941
- Warner v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1913
- Tulin v. TulinSupreme Court of Connecticut · 1938
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