Hartford & Connecticut Western Railroad v. Wagner
Supreme Court of Connecticut
Application for the appointment of appraisers in condemnation proceedings, brought to the Hon. Samuel 0. Prentice, a judge of the Superior Court, and reserved by Mm, upon demurrer to the application, for tbe consideration and advice of this court.
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Application for the appointment of appraisers in condemnation proceedings, brought to the Hon. Samuel 0. Prentice, a judge of the Superior Court, and reserved by Mm, upon demurrer to the application, for tbe consideration and advice of this court. The application stated these facts: Power to locate a branch railroad in East Granby, upon a route covering the land of the defendant, was given to the plaintiff by an amendment to its charter in 1887. In 1889, by vote of its directors, said branch railroad was “ laid out and finally located, subject to the written approbation and approval of said…
1Opinion of the CourtBaldwin, J.
The allegation that the plaintiff had, by an amendment to its charter, been given power to locate a railroad on the defendant’s land, was sufficient. This necessarily implied that a proper vote accepting the amendment had been passed, and a copy lodged in the office of the secretary of the State, as required by General Statutes, § 1911, since otherwise the power would not have been given.
The provision of this amendment (10 Special Laws, 746) that “this act shall take effect from its passage,” simply meant that, if duly accepted, it should thus take effect by relation. Could the application…
2Cases cited2 opinions
- State v. Norwalk & Danbury Turnpike Co.Supreme Court of Connecticut · 1834
- Hartford & Connecticut Western Railroad v. MontagueSupreme Court of Connecticut · 1900
3Cited by5 opinions
- Waterbury Motor Lease, Inc. v. Tax CommissionerSupreme Court of Connecticut · 1977
- State Ex Rel. City of Waterbury v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Arnold College for Hygiene, Etc. v. DanaherConnecticut Superior Court · 1944
- In Re Hartford & Connecticut Western RailroadSupreme Court of Connecticut · 1902
- Perkins v. CoffinSupreme Court of Connecticut · 1911