Imlay v. Union Branch Railroad
Supreme Court of Connecticut
This was an amicable submission to the superior court upon the following agreed statement of facts. The Union Branch Railroad Company was incorporated in 1856, with power to construct a railroad through a portion of Commerce street in the city of Hartford, and are made subject by their charter to all the provisions and requirements of the general act with regard to railroad companies passed in 1849.* The plaintiffs are the owners of lands, stores and dwelling-houses…
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This was an amicable submission to the superior court upon the following agreed statement of facts. The Union Branch Railroad Company was incorporated in 1856, with power to construct a railroad through a portion of Commerce street in the city of Hartford, and are made subject by their charter to all the provisions and requirements of the general act with regard to railroad companies passed in 1849.* The plaintiffs are the owners of lands, stores and dwelling-houses adjoining that part of the street which is to be occupied by the railway. The street is a public highway' and the fee of the…
1Opinion of the CourtStorrs, C. J.
Had the land on which the defendants have undertaken to build their railway, never become a public street, the right of the petitioners to a pre-appraisement of damages would be undisputed, such a right being literally conferred by the general railroad law of this state.
But, as the locality is a highway, it is not admitted that the remaining estate of the owners of the soil can justly be said to be taken or appropriated, W'hen the land is permanently subjected to railway uses and to the control of a railway corporation.
We assume of course, that by the establishment of the highway, the estate…
2Cases cited5 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Nicholson v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Williams v. New-York Central RailroadNew York Supreme Court · 1854
3Cited by26 opinions
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- State v. MuoloSupreme Court of Connecticut · 1935
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
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