Canastota Knife Co. v. Newington Tramway Co.
Supreme Court of Connecticut
Shit to restrain the defendants from building an electric railwa3r over a specified route, claimed to be unauthorized, brought to the Superior Court in Hartford County and tried to the court, George W. Wheeler, J., upon the defendants’ demurrer to the complaint; at the request of the parties the court sustained, pro forma, the demurrer, and dismissed the complaint, and the plaintiff appealed for alleged errors in the rulings of the court.
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Shit to restrain the defendants from building an electric railwa3r over a specified route, claimed to be unauthorized, brought to the Superior Court in Hartford County and tried to the court, George W. Wheeler, J., upon the defendants’ demurrer to the complaint; at the request of the parties the court sustained, pro forma, the demurrer, and dismissed the complaint, and the plaintiff appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.
1Concurring in the judgmentHamersley, J.
By the settled law of this State the plaintiff is the owner in possession of the land described, and an invasion of that possession by an act not authorized by the “ordinary easement of the public in the same as a highway,” is a trespass as truly as if no highway existed. This law is settled by a line of uniform decisions extending from 1810 to the present time. Stiles v. Curtis, 4 Day, 328, 336; Peck v. Smith, 1 Conn. 103; Watrous v. Southworth, 5 id. 305; Chatham v. Brainerd, 11 id. 60; Champlin v. Pendleton, 13 id. 23; Read v. Leeds, 19 id. 182; Nicholson v. N. Y. & N H. R. R. Co., 22 id.…
2Cases cited24 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Peck v. SmithSupreme Court of Connecticut · 1814
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- City of New Haven v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1871
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
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