City of Bridgeport v. New York & New Haven Railroad
Supreme Court of Connecticut
Amicable submission . to the Superior Court upon the following agreed statement of facts: The common council of the city of Bridgeport, by resolution adopted in the year 1868, determined to lay out an extension of Water Street from South Avenue, southerly and westerly along the north side of the track of the Now York and New Haven Railroad, as far as Division Street.
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Amicable submission . to the Superior Court upon the following agreed statement of facts: The common council of the city of Bridgeport, by resolution adopted in the year 1868, determined to lay out an extension of Water Street from South Avenue, southerly and westerly along the north side of the track of the Now York and New Haven Railroad, as far as Division Street. The lay-out through its whole extent appropriates some portion of the land over which by its charter the railroad company has a right of way. Subsequently to the laying out of the extension, and under the provisions of the…
1Opinion of the CourtButler, J.
Before entering upon a consideration of the principal question raised in this case, it may be well to dispose of some incidental claims made by the defendant corporation.
It is claimed by the defendants that by the act of 1864 (Revised Statutes, page 717, sec. 46,) a heavy tax is imposed upon their franchise, payable directly to the state treasury, and that it is provided by the law which imposes that tax that it shall be in lieu of all other taxes, and that therefore the assessment in question, being a tax, could not be imposed. I do not think the claim well founded.
The exemption referred to…
2Cases cited3 opinions
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- Nichols v. City of BridgeportSupreme Court of Connecticut · 1854
- Clark v. Town of SaybrookSupreme Court of Connecticut · 1851
3Cited by73 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- State v. KilburnSupreme Court of Connecticut · 1908
- Appeal of Cohen From Board of Street CommissionersSupreme Court of Connecticut · 1933
- Spring Valley Water Works v. SchottlerCalifornia Supreme Court · 1882
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