Williams v. New York & New Haven Railroad
Supreme Court of Connecticut
Bill in Equity for an injunction against the removal by the respondents of a side-walk in front of the premises of the petitioner, claimed to be upon a public way ; brought to the Superior Court in Fairfield County.
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Bill in Equity for an injunction against the removal by the respondents of a side-walk in front of the premises of the petitioner, claimed to be upon a public way ; brought to the Superior Court in Fairfield County. The court found the following facts : The respondents are a railroad company, and were organized under their charter, with the usual powers of such a company, in the year 1844. In June, 1847, under the provisions of their charter, they took and appropriated certain lands of one Wells R. Ritch, in the town of Stamford, for a right of way and depot and station grounds, and soon…
1Opinion of the CourtCarpenter, J.
The bill alleges the existence of a highway over the land in question, and that the respondents are about to remove a side-walk thereon, and that the petitioner will be thereby specially damaged. To entitle the petitioner to a decree all these allegations must be proved ; and it must further appear that he has no adequate remedy at law.
It is very doubtful whether the remedy at law is not entirely adequate. If a public prosecution would compel a restoration of the highway to its former condition, and an action at law would afford a remedy for the special damage sustained, there would seem to…
2Cases cited1 opinion
- Green v. Town of CanaanSupreme Court of Connecticut · 1860
3Cited by16 opinions
- Georgia Railroad & Banking Co. v. City of AtlantaSupreme Court of Georgia · 1903
- Pennsylvania Rd. Co. v. DonovanOhio Supreme Court · 1924
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Town of Kent v. PrattSupreme Court of Connecticut · 1901
- Fulton v. Town of DoverSupreme Court of Delaware · 1888
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