New York, New Haven & Hartford Railroad v. Fair Haven & Westville Railroad
Supreme Court of Connecticut
Suit to restrain the operation of an electric railway upon the plaintiff’s land, brought to the Superior Court in New Haven County and reserved by that court, George W. Wheeler, J., upon an agreed statement of facts, for the consideration and advice of this court. The case is sufficiently stated in the opinion.
1Opinion of the CourtHamersley, J.
In the case of Imlay v. Union Branch Railroad Co., it was held that “ to subject the owner of the soil of a highway to a further appropriation of his land to railway uses, is the imposition of a new servitude upon his estate, and is an act demanding the compensation which the law awards when land is taken for public purposes.” 26 Conn. 249, 259.
The doctrine established in this case has since been treated as settled law; and was affirmed in the very recent case of Canastota Knife Co. v. Newington Tramway Co., 69 Conn. 146. In the latter case a distinction is drawn in respect to that class of…
2Cases cited9 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
- Imlay v. Union Branch RailroadSupreme Court of Connecticut · 1857
- Trinity College v. City of HartfordSupreme Court of Connecticut · 1865
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3Cited by5 opinions
- Stock v. CoxSupreme Court of Connecticut · 1939
- Arborio v. Hartford Electric Light Co.Supreme Court of Connecticut · 1944
- Cadwell v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1911
- Norton v. Shore Line Electric Railway Co.Supreme Court of Connecticut · 1911
- Cadwell v. Connecticut Co.Supreme Court of Connecticut · 1912