Fitch v. New York, Providence & Boston Railroad
Supreme Court of Connecticut
Action for a trespass by the unlawful entry upon and use by the defendant railroad company of a piece of land in which the plaintiff claimed an equitable interest with possession ; brought to the Superior Court in New London County and tried to the jury before Torrance, J. The plaintiff in his complaint, after describing the land in question as bounded on one side by the Thames river, and averring that he was the owner of an equitable interest in it and in possession as a…
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Action for a trespass by the unlawful entry upon and use by the defendant railroad company of a piece of land in which the plaintiff claimed an equitable interest with possession ; brought to the Superior Court in New London County and tried to the jury before Torrance, J. The plaintiff in his complaint, after describing the land in question as bounded on one side by the Thames river, and averring that he was the owner of an equitable interest in it and in possession as a lessee, made the following allegations :— “The defendants are about constructing a bridge across said river from a point…
1Opinion of the CourtAndrews, C. J.
The record presents only a single question :—Was that part of the charge given by the trial judge to the jury recited in the finding erroneous ? The finding shows that it was conceded on the trial that the defendant railroad company was in the possession of the land which it had taken under proceedings condemning it for railroad purposes ; and the verdict has settled that the forty-foot strip, to which the condemned land adjoined on the north, was a public highway, part of Eighth street, so-called, in New London.
The plaintiff insists that the charge was erroneous, because, he says, it in…
2Cases cited7 opinions
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wood v. MearsIndiana Supreme Court · 1859
- Hundhausen v. BondWisconsin Supreme Court · 1874
- Shepherd v. Baltimore & Ohio RailroadSupreme Court of the United States · 1889
- St. John v. MayorThe Superior Court of New York City · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
- Newton v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
- McKeon v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1902
- Bernardo v. HoffmanSupreme Court of Connecticut · 1929
- Bishop v. North Adams Fire DistrictMassachusetts Supreme Judicial Court · 1897
7 more not listed; retrieve them via the Exa API.