City of New London v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action to restrain the defendant from obstructing a public highway, and for damages, brought to and tried by the Court of Common Pleas in New London County, Waller, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff.
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Action to restrain the defendant from obstructing a public highway, and for damages, brought to and tried by the Court of Common Pleas in New London County, Waller, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. Prior to 1807 and down to 1844 there existed a public highway, known as Harbor’s Mouth Road, in length more than ninety rods, extending from a point about one hundred and twenty-five feet below the railroad cut at a turn in the road at what is now Pequot Avenue, in the city of New London, in a southerly and easterly direction, passing near to the…
1Opinion of the CourtWheeler, J.
The city of New London seeks to restrain the defendant railroad from erecting a fence on or near the railroad crossing over one of its public highways known as Maple Avenue. It was therefore the duty of the plaintiff to establish the existence of this public highway at this crossing. It attempted to do this on the trial by showing (1) that the public had acquired, by user or dedication, the right to travel over this crossing, (2) that this was a highway, because a part of the old road, known as the Harbor’s Mouth Road, or Old Harbor’s Mouth Road.
The attempt in support of ground one was…
2Cases cited8 opinions
- State v. MainSupreme Court of Connecticut · 1897
- Greist v. AmrhynSupreme Court of Connecticut · 1907
- Seymour v. Over-River School DistrictSupreme Court of Connecticut · 1886
- Welton v. Town of ThomastonSupreme Court of Connecticut · 1892
- Hamilton v. SmithSupreme Court of Connecticut · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. LenihanSupreme Court of Connecticut · 1964
- Aczas v. Stuart Heights, Inc.Supreme Court of Connecticut · 1966
- Doolittle v. Town of PrestonConnecticut Appellate Court · 1985
- Kiley v. DoranSupreme Court of Connecticut · 1926
- Viggiana v. Connecticut Co.Supreme Court of Connecticut · 1937
5 more not listed; retrieve them via the Exa API.