Towns of Groton & Ledyard v. Hurlburt
Supreme Court of Connecticut
This was a petition, brought to the county court of New London county, by Asaph Hurlburt and others, praying for a highway, to be laid out as near the shore of the river Thames as might be found practicable and expedient, from Gale’s ferry in the town of Ledyard, to the present highway, at Groton Bank, in the town of Groton.
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This was a petition, brought to the county court of New London county, by Asaph Hurlburt and others, praying for a highway, to be laid out as near the shore of the river Thames as might be found practicable and expedient, from Gale’s ferry in the town of Ledyard, to the present highway, at Groton Bank, in the town of Groton. The petition was referred to the county commissioners, who surveyed and laid out the highway, and made their report to said court, at its February term, 1851. Against the acceptance of the report, the defendants filed a remonstrance, based upon the following facts, which…
1Opinion of the CourtEllsworth, J.
This is a writ of error, reserved for advice. The error complained of, is, that the county court accepted the report of county commissioners, laying out a highway, which passes through a cove or creek, setting in *183from the river Thames, where, at all times, the tide ebbs and flows. The plaintiffs insist, that this portion of the highway will interrupt commerce, and is contrary to the constitution of the United States, and acts of Congress, whose power is supreme, in regulating commerce in this creek. The plaintiffs further insist, that a highway has not been authorized, by the legislature of…
2Cases cited4 opinions
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Tweedy v. PicketSupreme Court of Connecticut · 1803
- Chapman v. GriffinConnecticut Superior Court · 1790
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- Dacey v. Connecticut Bar Assn.Supreme Court of Connecticut · 1981
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