Nicholson v. New York & New Haven Railroad
Supreme Court of Connecticut
This action was brought against the New York and New Haven Railroad Company, to recover damages for injury to the plaintiff’s land, which was situated on both sides of Cherry street, in the city of New Haven. The declaration embraced two counts, one of which was in trespass, and the other, trespass on the case. The defendant pleaded the general issue.
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This action was brought against the New York and New Haven Railroad Company, to recover damages for injury to the plaintiff’s land, which was situated on both sides of Cherry street, in the city of New Haven. The declaration embraced two counts, one of which was in trespass, and the other, trespass on the case. The defendant pleaded the general issue. The cause was tried at New Haven, October term, 1851. Upon the trial it was proved and admitted, that the plaintiff was the owner in fee, of two lots and the buildings thereon, in the declaration described, and that while he was so owner,' the…
1Opinion of the CourtHinman, J.
The declaration contains a count in trespass,for making an embankment on the plaintiff’s land, in Cherry street, in New Haven, where that street divides the land into two separate lots, one being on each side of it. The defendants’ railroad is not constructed upon the plaintiff’s land, but is bounded by it, where it crosses Cherry street, as far as his land extends.
The motion states, that the public safety required, that the railroad should pass under Cherry street; and for that purpose, it was necessary, that the street should be carried over it, by means of a bridge, and that it should be…
2Cited by26 opinions
- Green v. DonroeSupreme Court of Connecticut · 1982
- Kelly v. IvlerSupreme Court of Connecticut · 1982
- Dyer County v. RailroadTennessee Supreme Court · 1889
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
- Imlay v. Union Branch RailroadSupreme Court of Connecticut · 1857
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