Legal Opinion

Borough of Stamford v. Stamford Horse Railroad

Supreme Court of Connecticut

Decided June 26, 1888PublishedCited by 11 opinions

Suit for an injunction against the laying of its track, by the defendant corporation in a certain street of the plaintiff borough; brought to the Superior Court in Fair-field County. The following facts were found by the court. The plaintiff borough was incorporated in 1882. By its charter it was made the duty of the borough to make and repair streets within its limits, to keep the same in order and to remove all obstructions upon them.

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Suit for an injunction against the laying of its track, by the defendant corporation in a certain street of the plaintiff borough; brought to the Superior Court in Fair-field County. The following facts were found by the court. The plaintiff borough was incorporated in 1882. By its charter it was made the duty of the borough to make and repair streets within its limits, to keep the same in order and to remove all obstructions upon them. The defendant company was incorporated in 1886, upon a petition of its corporators to the General Assembly for a charter that should authorize the company to…

1Opinion of the CourtPardee, J.

The defendant company claiming that every street in the borough of Stamford, included within lines drawn from the northern terminus established by its charter to the eastern, thence to the southern, thence to the western, was subjected to its uses by the terms of its charter, began in 1887 to lay its track in Bedford street without previous permission by the plaintiff, and had completed the same to within fifty feet of the end of the street, when the work was stopped by the present injunction. It presses the same claim upon this court.

The defendant gave public notice in advance to the…

2Cited by11 opinions

  1. Mackenzie v. MinisSupreme Court of Georgia · 1909
  2. Central Railway & Electric Co.'s AppealSupreme Court of Connecticut · 1896
  3. Gibbons v. HuntsingerMontana Supreme Court · 1937
  4. New York, New Haven & Hartford Railroad v. Bridgeport Traction Co.Supreme Court of Connecticut · 1895
  5. Town of Seaford v. Eastern Shore Public Service Co.Court of Chancery of Delaware · 1937

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