New York, Housatonic & Northern Railroad v. Boston, Hartford & Erie Railroad
Supreme Court of Connecticut
Application to the Superior Court in New Haven county for the dissolution of a temporary injunction granted by the court against the respondents. The court found the facts, «and at the request of both parties reserved the case for the advice of this court. The facts are complicated and difficult of statement without the map used upon the trial,, and it is believed that all the points decided by the court will be sufficiently understood from the opinion.
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Application to the Superior Court in New Haven county for the dissolution of a temporary injunction granted by the court against the respondents. The court found the facts, «and at the request of both parties reserved the case for the advice of this court. The facts are complicated and difficult of statement without the map used upon the trial,, and it is believed that all the points decided by the court will be sufficiently understood from the opinion. When the case came up for argument in this court the judges declined to hear it, as the decision would not be final, and consented to do so…
1Opinion of the CourtCarpenter, J.
The petitioners duly located their railroad through the town of Danbury, which location was approved by the railroad commissioners on the 17th day of April, 1866. In the written approval signed by the commissioners reference *198was had to an agreement between the parties, in which it was stipulated that the respondents should be at liberty to locate their road upon a part of the land so taken by the petitioners, paying therefor just damages; and further, that the railroads should cross each other but once, and run as near each other as practicable, and at the same grade. Thereupon the…
2Cases cited3 opinions
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
- Enfield Toll Bridge Co v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1846
3Cited by16 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Town of Winchester v. CoxSupreme Court of Connecticut · 1942
- Eastern Railroad v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1872
- Attorney General v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
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