New York, New Haven & Hartford Railroad v. Scovill
Supreme Court of Connecticut
Suit for an injunction to restrain the defendant from entering the plaintiff’s station grounds at Middletown and there soliciting the carriage of passengers and baggage, broaghtto the Superior Court in Middlesex County where the defendant’s demurrer to the complaint was sustained, proforma, by the court, Q-eorye W. Wheeler, J., and judgment rendered for the defendant, from which the plaintiff appealed for alleged errors in the rulings of the court.
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Suit for an injunction to restrain the defendant from entering the plaintiff’s station grounds at Middletown and there soliciting the carriage of passengers and baggage, broaghtto the Superior Court in Middlesex County where the defendant’s demurrer to the complaint was sustained, proforma, by the court, Q-eorye W. Wheeler, J., and judgment rendered for the defendant, from which the plaintiff appealed for alleged errors in the rulings of the court. The substantial allegations of the complaint were as follows : The plaintiff is a common carrier of passengers and goods by rail, and for the…
1Opinion of the CourtBaldwin, J.
A railroad company which is operating a railroad in its possession has the ordinary right belonging to every owner of real estate to exclude from entry upon it all who come without its consent and can show no superior lega] title. A right of entry exists in all who wish to avail themselves of its services as a common carrier and enter for that purpose at a proper place, so long as they conduct themselves with propriety and pay due regard to such reasonable regu*146lations as it may have made and published for the orderly and prudent management of its business. It is for their especial use that it…
2Cases cited1 opinion
- Town of Burlington v. SchwarzmanSupreme Court of Connecticut · 1884
3Cited by19 opinions
- Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
- Delaware, Lackawanna & Western Railroad v. Town of MorristownSupreme Court of the United States · 1928
- Indianapolis Union Railway Co. v. DohnIndiana Supreme Court · 1899
- Donovan v. Pennsylvania Co.Court of Appeals for the Seventh Circuit · 1903
- Hedding v. GallagherSupreme Court of New Hampshire · 1903
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