Danbury & Norwalk Railroad v. Town of Norwalk
Supreme Court of Connecticut
Petition for an injunction, brought to tlie Superior Court in Fairfield County. The petition alleged “ that a portion of tho petitioners’ railroad was made by excavating through a solid rock, to the depth of about twenty feet, under a certain highway in said town of Norwalk ;-tliat on said highway the petitioners have a passenger depot, to and from which a large number of passengers leave and return daily by the various trains run on said railroad; that said town of Norwalk…
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Petition for an injunction, brought to tlie Superior Court in Fairfield County. The petition alleged “ that a portion of tho petitioners’ railroad was made by excavating through a solid rock, to the depth of about twenty feet, under a certain highway in said town of Norwalk ;-tliat on said highway the petitioners have a passenger depot, to and from which a large number of passengers leave and return daily by the various trains run on said railroad; that said town of Norwalk is now constructing a sewer or drain in and along the above mentioned highway, to the petitioners’ said railroad, for…
1Opinion of the CourtPhelps, J.
The practical question presented in this case is, whether the town of Norwalk, for the purpose of the necessary drainage of one of its highways, can rightfully construct a sewer to terminate and discharge its contents at, or'so near to, the rear of the excavation wall of the Danbury and Nor-walk Railroad Company, which supports its depot in the borough of Norwalk, as to seriously endanger the safety of the wall and depot.
*119The consequences to the petitioner of the respondent’s contemplated act are not denied, and are sought to be justified under the general statutory authority and duty given…
2Cases cited1 opinion
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
3Cited by19 opinions
- Berin v. OlsonSupreme Court of Connecticut · 1981
- Perrotti v. BennettSupreme Court of Connecticut · 1920
- Burroughs Wellcome & Co. v. Johnson Wholesale Perfume Co.Supreme Court of Connecticut · 1942
- Mayor of Baltimore v. Fairfield Improvement Co.Court of Appeals of Maryland · 1898
- Brainard v. Town of West HartfordSupreme Court of Connecticut · 1954
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