New Haven Steam Saw Mill Co. v. City of New Haven & New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Appeals from an assessment of benefits and damages resulting from a change of grade in a highway of the defendant city, taken to the Superior Court in New Haven County and referred to a committee by whom the facts were found and reported; the court, Robinson, J., overruled pro forma remonstrances filed by the defendants against the acceptance of the report, and reserved all questions of law arising upon the record for the consideration and advice of this court.
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Appeals from an assessment of benefits and damages resulting from a change of grade in a highway of the defendant city, taken to the Superior Court in New Haven County and referred to a committee by whom the facts were found and reported; the court, Robinson, J., overruled pro forma remonstrances filed by the defendants against the acceptance of the report, and reserved all questions of law arising upon the record for the consideration and advice of this court. These two cases depend on the same facts. The first-named plaintiff is the owner of a tract of land on the south side of Chapel…
1Opinion of the Court
The record in these cases shows that the city of New Haven changed the grade of Chapel street, a much frequented highway in that city. The report of the committee finds that each of the plaintiffs was damaged by that change of the grade of said street to a very substantial amount; and each of the plaintiffs seeks to recover his own damage. The defendants say that whatever they or either of them did in or about the changing of the grade in the said street, they did pursuant to and by reason of the order made by the railroad commissioners of the State, modified, approved and affirmed by the…
2Cases cited5 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
- County of Allegheny v. Gibson's Son & Co.Supreme Court of Pennsylvania · 1879
- Town of Westbrook's Appeal from Railroad CommissionersSupreme Court of Connecticut · 1889
3Cited by9 opinions
- Benson v. Housing AuthoritySupreme Court of Connecticut · 1958
- Clark v. CoxSupreme Court of Connecticut · 1947
- Oppenheimer v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1961
- Warner v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1913
- New York, New Haven & Hartford Railroad v. Ansonia Land & Water Power Co.Supreme Court of Connecticut · 1900
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