Wheeler v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Appeal from an order of the railroad commissioners in relation to the abolition of certain grade crossings in Bridgeport ■which involved a taking of the plaintiffs’ land, brought to the Superior Court in Fairfield County and tried to the court, Robinson, J., upon the plaintiffs’ demurrer to the defendant’s amended plea to the jurisdiction; the court pro forma overruled the demurrer, sustained the plea and dismissed the cause, and the plaintiffs appealed for alleged errors in…
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Appeal from an order of the railroad commissioners in relation to the abolition of certain grade crossings in Bridgeport ■which involved a taking of the plaintiffs’ land, brought to the Superior Court in Fairfield County and tried to the court, Robinson, J., upon the plaintiffs’ demurrer to the defendant’s amended plea to the jurisdiction; the court pro forma overruled the demurrer, sustained the plea and dismissed the cause, and the plaintiffs appealed for alleged errors in the rulings of the court. The material parts of the appeal to the Superior Court are as follows : “ 1. The petitioners…
1Opinion of the CourtTobbaece, J.
The important question in this case is whether the Superior Court had jurisdiction of the appeal. If it had none, if no appeal at all lay to it from the doings of the commissioners here in question, then its judgment dismissing the appeal was right and must stand; for upon this supposition the court had no power to deal with the subject-matter brought before it by the attempted appeal, and could only dismiss it.
The appeal alleges or seems to allege, that both of the petitions referred to in it were acted upon by the commissioners at one and the same time in June, 1897, and that it is taken…
2Cases cited4 opinions
- Olmstead's Appeal from ProbateSupreme Court of Connecticut · 1875
- Mooney v. ClarkSupreme Court of Connecticut · 1897
- Wheeler v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Cockcroft's Appeal From Railroad CommissionersSupreme Court of Connecticut · 1891
3Cited by12 opinions
- Chzrislonk v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1924
- Carter v. CarterSupreme Court of Connecticut · 1960
- Foss v. FossSupreme Court of Connecticut · 1927
- Paiwich v. KrieswalisSupreme Court of Connecticut · 1921
- Marshall v. ClarkSupreme Court of Connecticut · 1976
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