English v. New Haven & Northampton Co.
Supreme Court of Connecticut
Trespass on tlie case, brought upon a section of the charter of the city of New Haven, to recover the expense of widening a bridge within the city over the railroad of the defendants. The New Haven and Northampton Company was incorporated as a canal company in the year 1836, and in 1846 were authorized to construct a railroad along the line of the canal, and in the place of the latter which was abandoned.
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Trespass on tlie case, brought upon a section of the charter of the city of New Haven, to recover the expense of widening a bridge within the city over the railroad of the defendants. The New Haven and Northampton Company was incorporated as a canal company in the year 1836, and in 1846 were authorized to construct a railroad along the line of the canal, and in the place of the latter which was abandoned. The railroad was soon after made, and has ever since been used by the company. The act of 1846, by which they were authorized to construct their railroad, contained the following provision:…
1Opinion of the Court
Butler,* J.
The defendants raise upon this record, and the parties discuss in the briefs submitted to us, the question whether the General Assembly exceeded the constitutional limitations of their power when they passed the act of 1857, on which this action is founded. The defendants insist that the provisions of that act, so far as they delegated authority to the court of common council of the city, at their discretion to direct the defendants to widen the bridge in Temple street, and enforce the direction by the proceedings in question, impair the obligations of their contract with the…
2Cited by15 opinions
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- Fair Haven & Westville Railroad v. City of New HavenSupreme Court of Connecticut · 1903
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
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