Elliott v. Fair Haven & Westville Railroad
Supreme Court of Connecticut
Bill for an injunction against the laying of a horse railroad track in a public street in the city of New Haven, brought by sundry owners of lands lying upon the street. The facts, as well as the points made by the petitioners’ counsel, are sufficiently stated in the opinion.
1Opinion of the CourtEllsworth, J.
Prom the best consideration I am able to give this case, aided as I have been by the researches and arguments of counsel, I am constrained to decide upon the proof before me, if not upon the bill itself, that the petitioners are not entitled to the relief prayed for ; and I therefore pass by all formal objections to the bill.
They complain that the respondents are about to impose a new servitude upon their soil and freehold, by placing thereon a track of iron suitable for a railroad. I find the road which the respondents are about building to be a horse railroad, in distinction from one of the…
2Cases cited7 opinions
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
- Imlay v. Union Branch RailroadSupreme Court of Connecticut · 1857
- Nicholson v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Cragie v. MellenMassachusetts Supreme Judicial Court · 1809
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
- Carli v. Stillwater Street Railway & Transfer Co.Supreme Court of Minnesota · 1881
- Hobart v. Milwaukee City RailroadWisconsin Supreme Court · 1870
17 more not listed; retrieve them via the Exa API.