New York & New England Railroad v. City of Waterbury
Supreme Court of Connecticut
Application for a re-assessment of damages for land taken for a highway by the defendant city; brought to the-Superior Court in New Haven County, and heard before JFenn, J. The court made a finding of the facts, which, after stating that the highway in question was laid out by the city of Waterbury across the land owned in fee and occupied by the railroad company, and that the board of compensation of the city had assessed the damages for the land taken at $198, proceeded as…
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Application for a re-assessment of damages for land taken for a highway by the defendant city; brought to the-Superior Court in New Haven County, and heard before JFenn, J. The court made a finding of the facts, which, after stating that the highway in question was laid out by the city of Waterbury across the land owned in fee and occupied by the railroad company, and that the board of compensation of the city had assessed the damages for the land taken at $198, proceeded as follows: — The highway constructed upon the land so taken crosses the lay-out of the applicants, and by direction of…
1Opinion of the CourtSeymour, J.
The legislature in the year 1888 passed an act “concerning the crossing of railroads by highways.” It provided, in one of its sections, that “ whenever a new ■highway or a new portion of a highway should thereafter be constructed across a railroad, such highway or portion of highway shall pass over or under the railroad, as the' railroad commissioners shall direct. The company or trustee operating such railroad shall construct such crossing to the approval of the railroad commissioners, and may take land, for the purposes of this section, in the manner now provided by law for the taking of…
2Cases cited5 opinions
- City of Bridgeport v. New York & New Haven RailroadSupreme Court of Connecticut · 1869
- English v. New Haven & Northampton Co.Supreme Court of Connecticut · 1864
- New York & New England Railroad Company's Appeal from Railroad CommissionersSupreme Court of Connecticut · 1890
- New Haven & Derby Railroad v. ChapmanSupreme Court of Connecticut · 1871
- Bulkley v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
3Cited by16 opinions
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Fair Haven & Westville Railroad v. City of New HavenSupreme Court of Connecticut · 1903
- Lake Erie & Western Railroad v. ShelleyIndiana Supreme Court · 1904
- Peterson v. City of NorwalkSupreme Court of Connecticut · 1963
- Southern Kansas Railway Co. v. City of OklahomaSupreme Court of Oklahoma · 1902
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