Legal Opinion

Hartford & Connecticut Western Railroad v. Montague

Supreme Court of Connecticut

Decided April 4, 1900PublishedCited by 8 opinions

Application for the appointment of appraisers to estimate the damages accruing to the defendant from the taking and occupation of his land for railroad purposes, brought to and heard by the Hon. Samuel 0. Prentice, a judge of the Superior Court; facts found and judgment rendered in favor of the plaintiff, and appeal by the defendant for alleged errors in the rulings of the judge. The facts are sufficiently stated in the opinion.

1Opinion of the CourtBaldwin, J.

This is an application, brought in 1899, to take land of the defendant as part of the site of a branch railroad to run from Tariffville northeasterly to the line of Massachusetts, which the plaintiff was authorized to construct by an amendment to its charter, made in 1887. The allega tions are that in 1889 the stockholders of the company voted that it proceed forthwith to construct such a branch; that the board of directors thereupon made a location of it embracing the land in question; and that this location was duly approved by the railroad commissioners, after due notice to the plaintiff’s…

2Cases cited4 opinions

  1. Rhode Island v. MassachusettsSupreme Court of the United States · 1841
  2. New York, Housatonic & Northern Railroad v. Boston, Hartford & Erie RailroadSupreme Court of Connecticut · 1869
  3. O'Connor v. Town of WaterburySupreme Court of Connecticut · 1897
  4. Cockcroft's Appeal From Railroad CommissionersSupreme Court of Connecticut · 1891

3Cited by8 opinions

  1. Sigal v. WiseSupreme Court of Connecticut · 1932
  2. Coombs v. DarlingSupreme Court of Connecticut · 1933
  3. Jakiela v. EllisonSupreme Court of Connecticut · 1932
  4. Perlstein v. Westport Sanitarium Co.Connecticut Superior Court · 1942
  5. Hartford & Connecticut Western Railroad v. WagnerSupreme Court of Connecticut · 1901

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