Offield v. New York, New Haven & Hartford Railroad
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP ERRORS OF THE STATE OF CONNECTICUT. The facts are stated in the opinion. The statute is based upon the principle of eminent domain, and the real, and indeed the 'only, reason which the state'court had to justify its decision was that every railroad is a public trust, and that the State can exercise the power of eminent domain so far as may be necessary to secure the property taken being put to the best use in fulfilment of the trust for a public…
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ERROR TO THE SUPREME COURT OP ERRORS OF THE STATE OF CONNECTICUT. The facts are stated in the opinion. The statute is based upon the principle of eminent domain, and the real, and indeed the 'only, reason which the state'court had to justify its decision was that every railroad is a public trust, and that the State can exercise the power of eminent domain so far as may be necessary to secure the property taken being put to the best use in fulfilment of the trust for a public use. The right of eminent domain can only be legally exercised .when the property taken is taken for a public use. The…
1Opinion of the CourtJustice McKenna
This writ of error brings up for review a judgment of the Supreme Court of Errors of the State of Connecticut, rendered in a proceeding under the statutes of that State for the condemnation of two shares of stock owned by plaintiff in error in the New Haven and Derby Railroad Company.
There was a demurrer to the application, which was overruled by the advice of the Supreme Court of Errors, the judgment on demurrer having been reserved, under the practice of the State, for the advice' and consideration of that court. 77 Connecticut, 417. Upon the hearing judgment was rendered for defendant in…
2Cases cited3 opinions
- Clark v. NashSupreme Court of the United States · 1905
- Long Island Water Supply Co. v. BrooklynSupreme Court of the United States · 1897
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
3Cited by39 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Bacon v. WalkerSupreme Court of the United States · 1907
- Jones v. City of PortlandSupreme Court of the United States · 1917
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