Cullen v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Actions to recover damages occasioned by the closing of a certain highway in the city of New Plaven, upon order of the railroad commissioners; brought to the Superior Court in New Plaven County and heard first upon defendants’ demurrers to the plaintiffs’ complaints; the court, George W. Wheeler, J., overruled the demurrers, and thereafter the case was heard by a committee whose report was accepted by the court, Ralph Wheeler, J., and judgment rendered for the respective…
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Actions to recover damages occasioned by the closing of a certain highway in the city of New Plaven, upon order of the railroad commissioners; brought to the Superior Court in New Plaven County and heard first upon defendants’ demurrers to the plaintiffs’ complaints; the court, George W. Wheeler, J., overruled the demurrers, and thereafter the case was heard by a committee whose report was accepted by the court, Ralph Wheeler, J., and judgment rendered for the respective plaintiffs ; from which the defendants appealed for alleged errors in the rulings of the court. These actions were brought…
1Opinion of the CourtBaldwin, J.
Two claims are made in support of these appeals; first that, under the order of the railroad commissioners, only so much of Ferry Path was or could be closed as is included in the location of the railroad at the point of crossing; and, second, that, however this may be, the order was made in the exercise of the police power of the State, to remove a source of public danger, and therefore any resulting damage to private individuals is damnum absque injuriad
The application to the commissioners was founded on chapter 36 of the Public Acts of 1876, as amended by chapter 8 of the Public Acts of…
2Cases cited8 opinions
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
- Burritt v. City of New HavenSupreme Court of Connecticut · 1875
- State ex rel. New Haven & Derby Railroad v. Railroad CommissionersSupreme Court of Connecticut · 1888
- Town of Westbrook's Appeal from Railroad CommissionersSupreme Court of Connecticut · 1889
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3Cited by17 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Jennings v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1954
- Luf v. Town of SouthburySupreme Court of Connecticut · 1982
- Yale University v. City of New HavenSupreme Court of Connecticut · 1926
- Central Railway & Electric Co.'s AppealSupreme Court of Connecticut · 1896
12 more not listed; retrieve them via the Exa API.