Town of Hamden v. New Haven & Northampton Co.
Supreme Court of Connecticut
This was a case submitted to the superior court, under the statute with regard- to amicable submissions, upon a statement of facts agreed upon, and reserved by that court for the advice of the supreme court of errors.
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This was a case submitted to the superior court, under the statute with regard- to amicable submissions, upon a statement of facts agreed upon, and reserved by that court for the advice of the supreme court of errors. The facts are as follows: The New Haven and Northampton Company, in the year 1847, constructed their railroad through the town of Hamden, under the provisions of their charter, and in doing so it became necessary to intersect a highway which was one of the principal thoroughfares of the town, and to construct the railroad across the same. For that purpose it became necessary, in…
1Opinion of the CourtHinman, J.
One question submitted to our consideration in this case is, which of the two railroad corporations that are parties to the case is liable to indemnify the town, provided the court is of opinion that either of them is so liable.
The injury for which the town has been subjected to damages was caused'by-an embankment in the highway built by the New Haven and Northampton Company, in order to raise the grade of the highway to a level with the track of their railroad. It was a work,'therefore, connected with the construction of that railroad, in which .the New York and *165New Haven Company had…
2Cases cited1 opinion
- Linsley v. BushnellSupreme Court of Connecticut · 1842
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- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- Town of Waterbury v. Waterbury Traction Co.Supreme Court of Connecticut · 1901
- O'Connor v. Fond du Lac, Amboy & Peoria Railway Co.Wisconsin Supreme Court · 1881
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