Legal Opinion

Appeal of Waterbury From the Doings of the Railroad Commissioner

Supreme Court of Connecticut

Decided July 14, 1905PublishedCited by 4 opinions

Appeal by the city of Waterbury from an order of the board of railroad commissioners respecting the location of the tracks of the Connecticut Railway and Lighting Company in said city, taken to the Superior Court in blew Haven County where a motion to dismiss the appeal was denied (Ralph Wheeler, J.), demurrers thereto were overruled Shumway, J.') and the cause was tried to the court, Borabach, J. ; facts found and judgment rendered setting aside the order of the railroad…

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Appeal by the city of Waterbury from an order of the board of railroad commissioners respecting the location of the tracks of the Connecticut Railway and Lighting Company in said city, taken to the Superior Court in blew Haven County where a motion to dismiss the appeal was denied (Ralph Wheeler, J.), demurrers thereto were overruled Shumway, J.') and the cause was tried to the court, Borabach, J. ; facts found and judgment rendered setting aside the order of the railroad commissioners, and appeal by the said Railway and Lighting Company.

1Opinion of the CourtBaldwin, J.

On an application by the Connecticut Railway and Lighting Company (See General Statutes,! § 3823) the selectmen of Waterbury approved the location! of its railway on a highway in that town, subject to certain conditions and modifications. These were that it should (1) remove from the highway the abutments of a through steam railroad bridge over the highway, owned by another company; (2) erect and maintain an electric light under the bridge; (3) build a new, broad iron bridge to replace a narrow wooden one over a stream crossing the highway; and (4) lay its tracks in conformity with certain…

2Cases cited2 opinions

  1. Central Railway & Electric Co.'s AppealSupreme Court of Connecticut · 1896
  2. City of Hartford v. Hartford Street Railway Co.Supreme Court of Connecticut · 1903

3Cited by4 opinions

  1. Norton v. Shore Line Electric Railway Co.Supreme Court of Connecticut · 1911
  2. State Ex Rel. City of Waterbury v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
  3. Norton v. Shore Line Electric Railway Co.Supreme Court of Connecticut · 1911
  4. Spencer's Appeal From Railroad CommissionersSupreme Court of Connecticut · 1905

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