State v. New Haven & Northampton Co.
Supreme Court of Connecticut
Application for a mandamus; brought to the Superior Court, to compel the defendants, a railroad company, to restore to its former state, or in sufficient manner not to impair its usefulness, a portion of the highway in the town- of Hamden, known as. the Cheshire Turnpike, and which was interfered with by the location of the defendants1 railroad, and to re-locate their road in such a way as not to interfere with the highway or obstruct or endanger travel thereon.
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Application for a mandamus; brought to the Superior Court, to compel the defendants, a railroad company, to restore to its former state, or in sufficient manner not to impair its usefulness, a portion of the highway in the town- of Hamden, known as. the Cheshire Turnpike, and which was interfered with by the location of the defendants1 railroad, and to re-locate their road in such a way as not to interfere with the highway or obstruct or endanger travel thereon. The application alleged that the defendants were required by their charter to make and keep up such a restoration of the highway and…
1Opinion of the CourtCarpenter, J.
Over thirty years ago the defendants-were duly incorporated, and authorized to lay out and construct a railroad along or near the line of the Farmington Canal from *342New Haven northerly to the town of Farmington. The road was located in 1846. The location in the town of Hamden was very near a highway, then the Cheshire turnpike road, and now an ordinary town road, which location was approved by the board of commissioners appointed for that purpose by the General Assembly. • The road was constructed as located, and has been in operation since 1848.
The State’s Attorney for New Haven County now…
2Cases cited3 opinions
- Burritt v. City of New HavenSupreme Court of Connecticut · 1875
- English v. New Haven & Northampton Co.Supreme Court of Connecticut · 1864
- Norwich & Worcester Railroad v. Town of KillinglySupreme Court of Connecticut · 1856
3Cited by19 opinions
- Toan v. McGinnMichigan Supreme Court · 1935
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Milford Education Assn. v. Board of EducationSupreme Court of Connecticut · 1975
- State Ex Rel. Golembeske v. WhiteSupreme Court of Connecticut · 1975
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
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