McKeon v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action for obstructing a highway so that the plaintiff, an abutting pi’oprietor, owning the fee in the highway, was deprived of reasonable access to or use of his premises ; brought to the Court of Common Pleas for Fairfield County. The defendant suffered a default and moved to be heard in damages, which hearing was had before Hon. Charles B. Andrews as a committee.
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Action for obstructing a highway so that the plaintiff, an abutting pi’oprietor, owning the fee in the highway, was deprived of reasonable access to or use of his premises ; brought to the Court of Common Pleas for Fairfield County. The defendant suffered a default and moved to be heard in damages, which hearing was had before Hon. Charles B. Andrews as a committee. His report was accepted (Curtis, J.) and the case reserved for the advice of this court as to the judgment to be rendered. The case is sufficiently stated in the opinion.
1Opinion of the CourtBaldwin, J.
The defendant seeks to justify the acts complained of, on the ground that they were reasonably incidental to the work of elevating its railroad tracks in the city of Bridgeport so as to remove certain dangerous grade-crossings, in obedience to the command of the State. That it was bound to obey this command, as found in the resolution of the General Assembly approved January 22d, 1895, and that the general plan adopted for that purpose, and embodied in the-agreement between the city of Bridgeport and the defendant, could not be successfully attacked for illegality by one whose' land might be…
2Cases cited9 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- State v. ConlonSupreme Court of Connecticut · 1895
- Emerson v. GoodwinSupreme Court of Connecticut · 1833
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3Cited by24 opinions
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- Textron, Inc. v. WoodSupreme Court of Connecticut · 1974
- Zinn v. StateWisconsin Supreme Court · 1983
- State v. McCookSupreme Court of Connecticut · 1929
- Anselmo v. CoxSupreme Court of Connecticut · 1948
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