Legal Opinion

Williams v. Hartford & New-Haven Rail-Road

Supreme Court of Connecticut

Decided June 15, 1839PublishedCited by 6 opinions

error. In September, 1836, The Hartford and New-Haven Railroad Company made an application in writing to the superior court in Hartford county, stating, That the General Assembly of this state, in May, 1833, granted them an act of incorporation, empowering them to locate and construct a rail-road from some suitable point in Hartford to the city of New-Haven ; and for that purpose to enter upon, take, purchase and hold such real estate as might be necessary and convenient…

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error. In September, 1836, The Hartford and New-Haven Railroad Company made an application in writing to the superior court in Hartford county, stating, That the General Assembly of this state, in May, 1833, granted them an act of incorporation, empowering them to locate and construct a rail-road from some suitable point in Hartford to the city of New-Haven ; and for that purpose to enter upon, take, purchase and hold such real estate as might be necessary and convenient therefor, upon paying to the persons whose lands or estate should be taken, all the damages that might arise to them…

1Opinion of the CourtWaite, J.

It appears from the record in this case, that the defendants, having, in pursuance of the provisions of their act of incorporation, caused the centre line of their road to be surveyed, approved, and established, applied to the plaintiff in error, over whose land the road passed, to agree with them upon the amount of damages that would accrue to him. Being unable to make such agreement, they applied to the superior court, and procured the appointment of freeholders to assess the damages.

It is now claimed, that that appointment was erroneous, because at the time it was made, the width of the…

2Cases cited4 opinions

  1. White v. Trinity ChurchSupreme Court of Connecticut · 1823
  2. In re NegusCourt for the Trial of Impeachments and Correction of Errors · 1832
  3. Lewis v. HawleySupreme Court of Connecticut · 1814
  4. Doane v. CumminsSupreme Court of Connecticut · 1835

3Cited by6 opinions

  1. Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
  2. New Milford Water Co. v. WatsonSupreme Court of Connecticut · 1902
  3. Central Railway & Electric Co.'s AppealSupreme Court of Connecticut · 1896
  4. Wheeling Bridge & Terminal R'y Co. v. Wheeling Steel & Iron Co.West Virginia Supreme Court · 1896
  5. Hannibal & St. Joseph Railroad v. MortonSupreme Court of Missouri · 1854

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