City of New Haven v. Fair Haven & Westville Railroad
Supreme Court of Connecticut
Assumpsit and debt, to recover the amount of benefits assessed upon the defendants for paving a part of Chapel street in the city of New Haven; brought to the Superior Court, and reserved for advice upon the following facts found by a committee. The plaintiff and defendant are corporations duly incorporated by the legislature of this state.
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Assumpsit and debt, to recover the amount of benefits assessed upon the defendants for paving a part of Chapel street in the city of New Haven; brought to the Superior Court, and reserved for advice upon the following facts found by a committee. The plaintiff and defendant are corporations duly incorporated by the legislature of this state. The defendant was duly organized pursuant to the provisions of its act of incorporation, and had, prior to the passage of the orders of the court of common council hereinafter referred to, constructed a horse railway through certain streets of the city of…
1Opinion of the CourtCarpenter, J.
This action is brought to recover the amount of benefits assessed upon the defendant for its proportional part of the expense incurred in paving a portion of Chapel street in New Haven, in and through which the defendant’s railroad track is laid. The defence is, first, that the defendant is not liable to assessment; and secondly, if liable, that this action will not lie, for the reason that the assessment can only be collected by enforcing the lien.
1. A preliminary question is made by the plaintiff, and that is whether the defendant is not now precluded from making this defence, on the ground…
2Cases cited3 opinions
- City of Chicago v. BaerIllinois Supreme Court · 1866
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
- Appeal of North Beach & Mission RailroadCalifornia Supreme Court · 1867
3Cited by43 opinions
- Muncey v. JoestIndiana Supreme Court · 1881
- Western Paving & Supply Co. v. Citizens' Street RailroadIndiana Supreme Court · 1891
- Rich v. City of ChicagoIllinois Supreme Court · 1894
- Lobdell v. City of ChicagoIllinois Supreme Court · 1907
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
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