Legal Opinion

Hood v. New York & New Haven Railroad

Supreme Court of Connecticut

Decided July 15, 1855PublishedCited by 4 opinions

At the term of the superior court, for the county of New Haven, holden in October, 1853, Roswell Hood, the plaintiff, brought against the New York & New Haven Railroad Company, his bill in equity, which was substantially as follows: “The defendants, a corporation, transacting business in this state, and having an office in the town of Bridgeport, and a public depot at New Haven, for the reception of passengers, to be carried by them, and for the sale of tickets therefor,…

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At the term of the superior court, for the county of New Haven, holden in October, 1853, Roswell Hood, the plaintiff, brought against the New York & New Haven Railroad Company, his bill in equity, which was substantially as follows: “The defendants, a corporation, transacting business in this state, and having an office in the town of Bridgeport, and a public depot at New Haven, for the reception of passengers, to be carried by them, and for the sale of tickets therefor, were, and for a period of more than six months had been, engaged in the business of carrying passengers for hire, by means…

1Opinion of the CourtStorrs, J.

This is a bill in equity, brought to’ the superior court, and the question of its sufficiency is referred to this court, for its advice.

When the questions, arising on the motion of the defendants for a new trial, in the action at law pending between these parties, were referred to us, we were of opinion, that the superior court erred in the trial of the case, in instructing the jury, that the defendants were estopped, by the facts proved by the plaintiff, from alleging that they had no power to make the contract, declared on, in that suit, and we therefore advised that a new trial should be…

2Cases cited1 opinion

  1. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813

3Cited by4 opinions

  1. Fort Orange Barbering Co. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
  2. Clark v. Board of EducationSupreme Court of New Jersey · 1909
  3. Bridgeport-City Trust Co. v. SullivanSupreme Court of Connecticut · 1959
  4. Eastman v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1866

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