City of Bristol v. Bristol Water Co.
Supreme Court of Connecticut
Application by the city of Bristol, under a Special Act (16 Special Laws, p. 339, § 3), for the appointment of a committee to appraise the value of the plant, property, and franchises of the Bristol Water Company, which said city desired to purchase for the purpose of supplying its inhabitants with pure water, brought to the Hon. William S. Case, a judge of the Superior Court; after a full hearing on defendant's plea to the jurisdiction said judge dismissed the application,…
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Application by the city of Bristol, under a Special Act (16 Special Laws, p. 339, § 3), for the appointment of a committee to appraise the value of the plant, property, and franchises of the Bristol Water Company, which said city desired to purchase for the purpose of supplying its inhabitants with pure water, brought to the Hon. William S. Case, a judge of the Superior Court; after a full hearing on defendant's plea to the jurisdiction said judge dismissed the application, and the plaintiff appealed. The application alleges: The legal voters of the city of Bristol, on January 17th, 1912,…
1Opinion of the CourtWheeler, J.
The plea to the jurisdiction was sustained upon the ground that the first appraisal provided for in this Act (Special Acts of 1911, p. 338, No. 352) had no necessarily binding effect upon either party, settled no rights, and redressed no wrongs; and hence the judge was called upon to exercise a function clearly nonjudicial.
An analysis of the Act will disclose the insecurity of this position. The Act provides for: (1) A petition by the mayor to a judge of the Superior Court, in the form of petition adopted in this action. (2) The appointment of a cpmmittee to appraise, as prayed for. (3) The…
2Cases cited9 opinions
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
- New Milford Water Co. v. WatsonSupreme Court of Connecticut · 1902
- New York, New Haven & Hartford Railroad v. LongSupreme Court of Connecticut · 1897
- Carson v. City of HartfordSupreme Court of Connecticut · 1880
- Norwich Gas & Electric Co. v. City of NorwichSupreme Court of Connecticut · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. KempSupreme Court of Connecticut · 1938
- Antman v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1933
- State v. FaheySupreme Court of Connecticut · 1959
- Town of Branford Sewer Authority v. WilliamsSupreme Court of Connecticut · 1970
- Brown v. CraySupreme Court of Connecticut · 1914
13 more not listed; retrieve them via the Exa API.