City of Norwalk v. Connecticut Co.
Supreme Court of Connecticut
Appeal by the plaintiff from an order of the Public Utilities Commission apportioning the cost of a bridge over the Norwalk River, brought to the Superior Court in Fairfield County where a demurrer to the appeal and reasons of appeal was sustained, Curtis, J., from which the plaintiff appealed.
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Appeal by the plaintiff from an order of the Public Utilities Commission apportioning the cost of a bridge over the Norwalk River, brought to the Superior Court in Fairfield County where a demurrer to the appeal and reasons of appeal was sustained, Curtis, J., from which the plaintiff appealed. The legislature, by a Special Act in 1911 (16 Special Laws, p. 490), authorized the town of Norwalk, through its bridge committee, to construct a bridge across the Norwalk Rivér to replace an existing bridge on which was laid a single track of the Connecticut Company. Subsequently the city of Norwalk…
1Opinion of the Court
Beach; J.
The first ground of the demurrer to the appeal is that it does not appear, nor is it alleged, that the city of Norwalk has, or ever had, any power to build the new bridge. While it is true that the petition is defective in not specifically alleging that the Act of consolidation and incorporation of the city of Norwalk was approved by the electors of the town, it does appear from the appeal that the city of Norwalk was a party to the proceedings before the Commission, and that it is bound by law to construct and maintain the new bridge. The language of § 29 of the Public Utilities Act…
2Cases cited8 opinions
- Moynihan's Appeal From County CommissionersSupreme Court of Connecticut · 1903
- Malmo's Appeal From County CommissionersSupreme Court of Connecticut · 1899
- Spencer's Appeal From Railroad CommissionersSupreme Court of Connecticut · 1905
- Hopson's Appeal from County CommissionersSupreme Court of Connecticut · 1894
- Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rommell v. WalshSupreme Court of Connecticut · 1940
- Wilson Point Property Owners Assn. v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1958
- Magnan v. Anaconda Industries, Inc.Connecticut Superior Court · 1980
- Modeste v. Public Utilities CommissionSupreme Court of Connecticut · 1922
- Adam v. Connecticut Medical Examining BoardSupreme Court of Connecticut · 1951
16 more not listed; retrieve them via the Exa API.