Lockwood v. New York & New Haven Railroad
Supreme Court of Connecticut
Petition for an injunction against the removal by the respondents of certain structures erected by the petitioner upon certain mud flats which had been reclaimed, which structures were claimed by the respondents to be an obstruction of their right of way; brought to the Superior Court in Fairfield County.
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Petition for an injunction against the removal by the respondents of certain structures erected by the petitioner upon certain mud flats which had been reclaimed, which structures were claimed by the respondents to be an obstruction of their right of way; brought to the Superior Court in Fairfield County. The shore land adjacent to the reclaimed flats was formerly owned by Birdsey G-. Noble, who on the 13th of November, 1847, conveyed a right of way across the same to the respondents, the important part of the deed being as follows:— “ I, Birdsey G. Noble, of the city of Brooklyn, in the…
1Opinion of the CourtSeymour, J.
The question in dispute between these parties is whether the defendants’ right of way for their railroad covers the ground on which certain structures were erected by the plaintiff, which structures the defendants have removed as interfering with the right of way claimed by them.
The case depends' upon the construction and effect of a deed, set forth at length in the finding of facts, made by the plaintiff’s grantor to the defendants; so much of the deed as is 'particularly applicable to the question under consideration being that part which describes .the land over which the right of way is…
2Cited by17 opinions
- Roche v. Town of FairfieldSupreme Court of Connecticut · 1982
- Poneleit v. DudasSupreme Court of Connecticut · 1954
- First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917
- State v. SturtevantWashington Supreme Court · 1913
- Peck v. Alfred Olsen Construction Co.Supreme Court of Iowa · 1931
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