City of Hartford v. Hartford Street Railway Co.
Supreme Court of Connecticut
Application for a writ of mandamus requiring the defendant to remove a certain cross-over switch on Farmington Avenue in the city of Hartford, brought to the Superior Court in Hartford County and tried to the court, Robinson, J., upon the defendant’s motion to quash the alternative writ; the court granted the motion and dismissed the writ, and the plaintiff appealed for alleged errors in the rulings of the court.
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Application for a writ of mandamus requiring the defendant to remove a certain cross-over switch on Farmington Avenue in the city of Hartford, brought to the Superior Court in Hartford County and tried to the court, Robinson, J., upon the defendant’s motion to quash the alternative writ; the court granted the motion and dismissed the writ, and the plaintiff appealed for alleged errors in the rulings of the court. The alternative writ was as follows: — “1. Whereas the Hartford Street Railway Company, a corporation chartered by the State of Connecticut for the purpose of operating street…
1Opinion of the CourtHamersley, J.
The motion to quash cannot be sustained unless one of the following propositions, affirmed by the plaintiff, is incorrect: 1. The cross-over in question was not constructed in accordance with the plan approved by the mayor and court of common council. 2. The council is authorized by § 3 of the Act of 1893 (Public Acts of 1893, p.-308), to order the removal of a cross-over thus constructed, and such order may be enforced by mandamus. 3. It was not necessary for the council to formally refer the order to the board of street commissioners, and the hearing had before the commissioners was…
2Cited by4 opinions
- Longnecker v. Wichita Railroad & Light Co.Supreme Court of Kansas · 1909
- State Ex Rel. Howard v. Hartford Street Railway Co.Supreme Court of Connecticut · 1903
- City of Hartford v. Hartford Street Railway Co.Supreme Court of Connecticut · 1901
- State Ex Rel. City of Waterbury v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909