Legal Opinion

Brown v. Towns of Preston & Ledyard

Supreme Court of Connecticut

Decided March 15, 1871PublishedCited by 5 opinions

Petition for a new highway; referred by the Superior Court to a committee, who reported that in their opinion the highway would be of common convenience and necessity, and thereupon surveyed and laid out the highway as prayed for in the petition.

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Petition for a new highway; referred by the Superior Court to a committee, who reported that in their opinion the highway would be of common convenience and necessity, and thereupon surveyed and laid out the highway as prayed for in the petition. The respondents remonstrated against the acceptance of the report of the committee, and upon the hearing of the remonstrance the court (Sanford, ■J.') found the following facts: The lay-out by the committee extends across Poquetannoc Cove, about midway between the village of Poquetannoc and the mouth of the cove, at Lewis’ Point (so called), at which…

1Opinion of the CourtCarpenter, J.

The constitutional power of the state to authorize the construction of a highway across the cove in question does not seem to be controverted. The learned counsel for the-respondents, in their brief and during the argument, deny that the statute has conferred on the Superior Court any power to lay out a highway across a navigable river, the navigation of which is of such a character that it will require a draw-bridge for its accommodation. That being the only question presented, we shall waive any discussion of the constitutional questions referred to and discussed to some extent by the…

2Cases cited1 opinion

  1. Towns of Wethersfield & Glastenbury v. HumphreySupreme Court of Connecticut · 1850

3Cited by5 opinions

  1. Southlands Co. v. City of San DiegoCalifornia Supreme Court · 1931
  2. Bryan v. Town of BranfordSupreme Court of Connecticut · 1882
  3. Woodman v. PitmanSupreme Judicial Court of Maine · 1887
  4. Connecticut River Lumber Co. v. Olcott Falls Co.Supreme Court of New Hampshire · 1889
  5. Saugatuck Bridge Co. v. Town of WestportSupreme Court of Connecticut · 1872

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