Legal Opinion

Wheeler v. New York, New Haven & Hartford Railroad

Supreme Court of the United States

Decided May 28, 1900No. 534PublishedCited by 10 opinions

ERROR TO THE SUPREME COURT OF ERRORS OF THE STATE OF CONNECTICUT. This was a motion to dismiss the writ of error, and in default thereof to affirm the judgment of the Supreme Court of Errors of Connecticut.

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ERROR TO THE SUPREME COURT OF ERRORS OF THE STATE OF CONNECTICUT. This was a motion to dismiss the writ of error, and in default thereof to affirm the judgment of the Supreme Court of Errors of Connecticut. The case originated in an application by the railroad company to the judge of the Superior Court to appoint appraisers to estimate the damages that might arise to the plaintiff in error from the taking of certain real estate in the city of Bridgeport, for the purpose of carrying out an agreement between the railroad company and the city of Bridgeport for the abolition of grade crossings.…

1Opinion of the CourtJustice Brown

Plaintiffs assign as error that, in view of the fact that, by the agreement between the city and the railroad company, it was provided that the city should pay one sixth of the entire cost of the land required for the construction of a four-trade road, as well as of all damages resulting from the changes of grade, there would be a reimbursement to the company for expenses in doing work and acquiring land not necessary or germane to the work of eliminating crossings at grade of the two present main tracks over the highways; and that, under these circumstances, the condemnation of defendants’…

2Cases cited4 opinions

  1. New York & New England Railroad v. BristolSupreme Court of the United States · 1894
  2. Woodruff v. CatlinSupreme Court of Connecticut · 1886
  3. Mooney v. ClarkSupreme Court of Connecticut · 1897
  4. New York & New England Railroad Company's Appeal from Railroad CommissionersSupreme Court of Connecticut · 1890

3Cited by10 opinions

  1. McKeon v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1902
  2. Osage Oil & Refining Co. v. Continental Oil Co.Court of Appeals for the Tenth Circuit · 1929
  3. Goforth v. Southern Railway Co.Supreme Court of North Carolina · 1907
  4. Providence, Fall River & Newport Steamboat Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1903
  5. The New YorkCourt of Appeals for the Sixth Circuit · 1901

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