New York, New Haven & Hartford Railroad v. Russell
Supreme Court of Connecticut
Suit to restrain the defendants from injuring or interfering with the poles, wires and fixtures of the plaintiff’s electric power transmission line, brought to the Superior Court in Litchfield County where a demurrer to two of the defenses in the answer was overruled (Ralph Wheeler, J.) and the cause was afterward tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiffs, from which all parties appealed.
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Suit to restrain the defendants from injuring or interfering with the poles, wires and fixtures of the plaintiff’s electric power transmission line, brought to the Superior Court in Litchfield County where a demurrer to two of the defenses in the answer was overruled (Ralph Wheeler, J.) and the cause was afterward tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiffs, from which all parties appealed. The trial court found these facts: The plaintiff, The New York, New Haven and Hartford Railroad Company, is the lessee of certain electric railways and…
1Opinion of the CourtHall, C. J.
Upon the facts recited in the above statement of the case, the trial court held, in effect, that Cortland D. Cole, as a joint tenant with his wife of the land in question, and as tenant by the curtesy of her interest, and acting as her agent therein, had conveyed to the plaintiff Power Company a right to construct and maintain the described pole and transmission lines over said premises during his life, and that the defendant Helen A. Russell was chargeable with notice of such conveyance, and thereupon enjoined the defendants from removing or interfering with said poles and wires during the…
2Cases cited20 opinions
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Canfield v. GregorySupreme Court of Connecticut · 1895
- Farmers & Citizens' Bank v. PayneSupreme Court of Connecticut · 1857
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Alderman v. City of New HavenSupreme Court of Connecticut · 1908
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Klein v. DeRosaSupreme Court of Connecticut · 1951
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- Wolfe v. Wallingford Bank & Trust Co.Supreme Court of Connecticut · 1938
- Beech Aircraft Corp. v. Flexible Tubing Corp.District Court, D. Connecticut · 1967
- Stueck v. G. C. Murphy Co.Supreme Court of Connecticut · 1928
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