Fitch v. New Haven, New London & Stonington Railroad
Supreme Court of Connecticut
Amicable submission upon the following agreed facts:— The plaintiff was tlie lessee of a general ferry, between tbe towns of New London and Groton, across New London harbor. The ferry was an ancient one, and belonged to the town of New London, by which it was leased to the plaintiff.
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Amicable submission upon the following agreed facts:— The plaintiff was tlie lessee of a general ferry, between tbe towns of New London and Groton, across New London harbor. The ferry was an ancient one, and belonged to the town of New London, by which it was leased to the plaintiff. The defendants owned and operated a railroad running from New Haven through New London to Stonington, and by means of a ferry crossing New London harbor, and claimed the right to use their ferry for the general transportation of passengers and freight across the harbor. The railroad company was constituted by the…
1Opinion of the CourtEllsworth, J.
We think it is too late in this court to claim that the legislature could not have granted to the respondents a general ferry between New London and Groton when they granted them their charter in 1856. The old ferry between these towns, the one now enjoyed by the petitioner, is not so exclusive in its character as to render it improper for the legislature, if it should be thought necessary, to establish a new ferry, although such new ferry might somewhat impair the value and income of the old one ; nor need there have *40been here an assessment of damages for the injury done in that case to the…
2Cases cited2 opinions
- Enfield Toll Bridge Co. v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1845
- Hartford Bridge Co. v. Union Ferry Co.Supreme Court of Connecticut · 1860
3Cited by3 opinions
- Chesapeake Ferry Co. v. Hampton Roads Transportation Co.Supreme Court of Virginia · 1926
- New York v. New England Transfer Co.U.S. Circuit Court for the District of Southern New York · 1877
- Golden Gate Ferry Co. v. Railroad CommissionCalifornia Supreme Court · 1928