Cadwell v. Connecticut Co.
Supreme Court of Connecticut
Action to recover damages for injuries to the plaintiff’s land and dwelling-house caused by the operation of the defendant’s electric street-railway over the plaintiff’s land within the highway and in front of his premises, brought to the Superior Court ip, Hartford County where a demurrer to the complaint was sustained pro. forma■ (Greene, J.), and judgment rendered for the defendant, from which the plaintiff appealed.
Read the full summary
Action to recover damages for injuries to the plaintiff’s land and dwelling-house caused by the operation of the defendant’s electric street-railway over the plaintiff’s land within the highway and in front of his premises, brought to the Superior Court ip, Hartford County where a demurrer to the complaint was sustained pro. forma■ (Greene, J.), and judgment rendered for the defendant, from which the plaintiff appealed. The complaint alleges the plaintiff’s ownership and possession of a tract of land in New Britain bounded on one side by West Main Street. The remaining allegations are the…
1Opinion of the CourtPrentice, J.
Acts done within the limits of a highway may work an actionable injury to the property rights of an abutting proprietor and occupant by virtue of either his ownership of the fee of the land covered by the highway, or his ownership and possession of the abutting property. Cadwell v. Connecticut Ry. & Ltg. Co., 84 Conn. 450, 452, 80 Atl. 285. In the former case, the acts may constitute a trespass. This is the case whenever the acts, being without authority, or in excess of authority, are such as impose an additional servitude upon the land covered by the highway. Canastota Knife Co. v.…
2Cases cited20 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Montgomery v. Santa Ana Westminster Railway Co.California Supreme Court · 1894
- Harvey v. Aurora & Geneva Railway Co.Illinois Supreme Court · 1898
- Norwich Gas Light Co. v. Norwich City Gas Co.Supreme Court of Connecticut · 1856
- Newell v. Minneapolis, Lyndale & Minnetonka Railway Co.Supreme Court of Minnesota · 1886
15 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. MuoloSupreme Court of Connecticut · 1935