Cadwell v. Connecticut Railway & Lighting Co.
Supreme Court of Connecticut
Action to recover damages for injuries to the plaintiff and his dwelling-house adjoining a highway, which were alleged to have been caused by the noise, vibration and dust arising from the operation by the defendants of a street railway in such highway, brought to the Superior Court in Hartford County where a demurrer to the complaint was sustained (Burpee, J.) and judgment rendered for the defendants, from which the plaintiff appealed.
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Action to recover damages for injuries to the plaintiff and his dwelling-house adjoining a highway, which were alleged to have been caused by the noise, vibration and dust arising from the operation by the defendants of a street railway in such highway, brought to the Superior Court in Hartford County where a demurrer to the complaint was sustained (Burpee, J.) and judgment rendered for the defendants, from which the plaintiff appealed. The three defendant corporations are alleged to be, respectively, the owner, lessee, and present operator of a street-railway system, one line of which has…
1Opinion of the CourtPrentice, J.
A corporation operating a street-railway system in a highway may expose itself to legal proceedings at the hands of an abutting landowner under varying conditions. It will do so, if it is operating its system in and through the highway without authority from the State. If such authority has been obtained, its system may be so constructed and operated as to impose upon the land which has been appropriated for the highway an additional servitude, within the meaning and definition of the opinions of this court. Canastota Knife Co. v. Newington Tramway Co., 69 Conn. 146, 36 Atl. 1107; New York,…
2Cases cited7 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
- State Ex Rel. Howard v. Hartford Street Railway Co.Supreme Court of Connecticut · 1903
- Norcross v. ThomsSupreme Judicial Court of Maine · 1863
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3Cited by7 opinions
- Beckwith v. Town of StratfordSupreme Court of Connecticut · 1942
- West v. National Mines Corp.West Virginia Supreme Court · 1981
- Blumenthal v. City of CheyenneWyoming Supreme Court · 1947
- Coburn v. Connecticut Co.Supreme Court of Connecticut · 1911
- Cadwell v. Connecticut Co.Supreme Court of Connecticut · 1912
2 more not listed; retrieve them via the Exa API.