New York & New England Railroad Company's Appeal from Railroad Commissioners
Supreme Court of Connecticut
Appeal from an order of the railroad commissioners; taken to the Superior Court in Windham County. The town of Killingly made an application to the railroad commissioners under the act of 1889, (Session Laws of 1889, ch. 220,) for an alteration of a highway which was crossed at grade by the railroad of the appellants, and which was in existence when the railroad was laid out. The appellants were made parties defendant to the application.
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Appeal from an order of the railroad commissioners; taken to the Superior Court in Windham County. The town of Killingly made an application to the railroad commissioners under the act of 1889, (Session Laws of 1889, ch. 220,) for an alteration of a highway which was crossed at grade by the railroad of the appellants, and which was in existence when the railroad was laid out. The appellants were made parties defendant to the application. The commissioners heard the application and made an order for the alteration of the highway, and apportioned one fourth of the cost of the alteration to the…
1Opinion of the CourtCarpenter, J.
This is an appeal from the doings of the railroad commissioners in ordering the separation of the grade of the highwaj’- from the grade of the railway where the Norwich & Worcester Railroad crosses Cottage street in the town of Killingly. The application was made by the town. In such cases the statute authorizes the commissioners to require the town to pay not to exceed twenty-five per cent of the cost of separating the two grades. The commissioners ordered the separation, and apportioned one fourth of the expense to the town. The Superior Court, on appeal, affirmed the order. The appellants…
2Cited by14 opinions
- Chicago, Burlington & Quincy Railroad v. State ex rel. City of OmahaNebraska Supreme Court · 1896
- Selectmen of Norwood v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
- Fair Haven & Westville Railroad v. City of New HavenSupreme Court of Connecticut · 1903
- Peterson v. City of NorwalkSupreme Court of Connecticut · 1963
- New York & New England Railroad v. City of WaterburySupreme Court of Connecticut · 1891
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