Towns of Wethersfield & Glastenbury v. Humphrey
Supreme Court of Connecticut
IN ERROR. This was a petition to the county court, brought by Lemuel Humphrey and others, against the towns of Wethersfield and Glastenbury, alleging, that the ferry across Connecticut river, between those towns, called Pratt's ferry, had been discontinued, whereby the public travel was incommoded, and praying for the relocation of such ferry, or the establishment of a new one, and the laying out of such highways leading thereto as should be necessary.
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IN ERROR. This was a petition to the county court, brought by Lemuel Humphrey and others, against the towns of Wethersfield and Glastenbury, alleging, that the ferry across Connecticut river, between those towns, called Pratt's ferry, had been discontinued, whereby the public travel was incommoded, and praying for the relocation of such ferry, or the establishment of a new one, and the laying out of such highways leading thereto as should be necessary. The county court, November term, 1847, appointed R. R. Phelps, Abner Hendee and Jabez King, Esqrs. a committee to enquire into the matters…
1Opinion of the CourtEllsworth, J.
None of the errors assigned in this case, are of a serious character, or of difficult solution.
1. The first error is, that the county court refused to hear evidence that the ferry and roads were not of common convenience and necessity, i. e. to retry the facts which had been passed upon, by the committee. The county court is empowered, by section 28th of the act relating to ferries, to examine into the truth of the matters alleged, by the aid of the commissioners of the county, or otherwise. Of course, it could enquire by a committee of its own choice; and as this was done, and no objection…
2Cited by23 opinions
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- Southlands Co. v. City of San DiegoCalifornia Supreme Court · 1931
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