New York, New Haven & Hartford Railroad v. City of New Haven
Supreme Court of Connecticut
Suit to restrain the defendant from constructing any highway crossing upon the roadbed of the plaintiffs at certain streets in the defendant city, brought to the Superior Court in New Haven County and tried to the court, Boraback, J., upon the plaintiff’s demurrer to the defendant’s second defense; the court sustained the demurrer (following a ruling of Thayer, J., in sustaining a similar demurrer at an earlier stage of the cause) and rendered judgment for plaintiffs, and…
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Suit to restrain the defendant from constructing any highway crossing upon the roadbed of the plaintiffs at certain streets in the defendant city, brought to the Superior Court in New Haven County and tried to the court, Boraback, J., upon the plaintiff’s demurrer to the defendant’s second defense; the court sustained the demurrer (following a ruling of Thayer, J., in sustaining a similar demurrer at an earlier stage of the cause) and rendered judgment for plaintiffs, and the defendant appealed for alleged errors in the rulings of the court. The complaint contained three counts, and alleged…
1Opinion of the CourtHall, J.
The complaint alleges that neither Ivy nor Hazel street has ever been constructed across the layout and rails of the plaintiffs, and that that portion of each of said streets -within the limits of the layout of the railroad is, and for a long time has been, impassable in vehicles, by reason of ditches and embankments and the absence of planking. The defendant answers that said streets for more than thirty years have been highways, and as such have existed across the railroad tracks of the plaintiffs, open to public travel and used for the purposes of public travel. The plaintiffs demur to…
2Cases cited5 opinions
- Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
- Cullen v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- New York & New England Railroad v. City of WaterburySupreme Court of Connecticut · 1887
- Smith v. Town of New HavenSupreme Court of Connecticut · 1890
- Lee v. Town of BarkhampstedSupreme Court of Connecticut · 1878
3Cited by1 opinion
- Humble Oil & Refining Co. v. United StatesUnited States Customs Court · 1958