Canastota Knife Co. v. Newington Tramway Co.
Supreme Court of Connecticut
Shit to restrain the defendants from building an electric railwa3r over a specified route, claimed to be unauthorized, brought to the Superior Court in Hartford County and tried to the court, George W. Wheeler, J., upon the defendants’ demurrer to the complaint; at the request of the parties the court sustained, pro forma, the demurrer, and dismissed the complaint, and the plaintiff appealed for alleged errors in the rulings of the court.
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Shit to restrain the defendants from building an electric railwa3r over a specified route, claimed to be unauthorized, brought to the Superior Court in Hartford County and tried to the court, George W. Wheeler, J., upon the defendants’ demurrer to the complaint; at the request of the parties the court sustained, pro forma, the demurrer, and dismissed the complaint, and the plaintiff appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtBaldwin, J.
It is the prevailing doctrine in the United States, and was settled, as respects this State, in the case of Imlay v. Union Branch Railroad Co., 26 Conn. 249, that the *150location of an ordinary steam railroad upon a highway imposes an additional burden upon the soil, for which the owner of the fee is entitled to demand compensation.
The Imlay case was put upon the ground that no substantial, practical, or even technical identity exists between the use of land for a highway and for a steam railroad. One of the differences pointed out by the court was that the railroad usually was and always might…
2Cases cited20 opinions
- Greenwood v. Freight Co.Supreme Court of the United States · 1882
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Bissell v. DavisonSupreme Court of Connecticut · 1894
15 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. MuoloSupreme Court of Connecticut · 1935
- Anselmo v. CoxSupreme Court of Connecticut · 1948
- Boston & Maine Railroad v. SullivanMassachusetts Supreme Judicial Court · 1900
- Cassidy v. City of WaterburySupreme Court of Connecticut · 1943
- Yale University v. City of New HavenSupreme Court of Connecticut · 1926
21 more not listed; retrieve them via the Exa API.