Whittlesey v. Hartford, Providence & Fishkill Railroad
Supreme Court of Connecticut
This was a bill in chancery, setting forth that the plaintiff was the owner of three undivided tenth parts of two certain pieces of land, situated in the town of New Britain, over which the railroad company had constructed their road which they were using, without ever having caused the plaintiff’s interest therein to be appraised, or any damages paid to him, for the land taken by the company, and praying for an injunction against the further use of the land, by the company…
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This was a bill in chancery, setting forth that the plaintiff was the owner of three undivided tenth parts of two certain pieces of land, situated in the town of New Britain, over which the railroad company had constructed their road which they were using, without ever having caused the plaintiff’s interest therein to be appraised, or any damages paid to him, for the land taken by the company, and praying for an injunction against the further use of the land, by the company for railroad purposes. William Whittlesey and Eliphalet Whittlesey, the other co-tenants, were made defendants. The…
1Opinion of the CourtWaite, C. J.
Jurisdiction, in matters of equity, was conferred upon the courts in this state, with very great hesitancy, on the part of the legislature. For more than a century after the organization of our government, that power was retained and exercised by the general assembly.' And when it was finally conferred upon the courts, it was done with very great caution. It was not given to any chancellor or separate tribunal, erected for the purpose, but to the courts as then constituted.
The very first act, upon that subject, limited the jurisdiction of the highest court to cases, where the matter in demand…
2Cases cited1 opinion
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
3Cited by19 opinions
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- Test v. LarshIndiana Supreme Court · 1881
- Baltimore, Ohio & Chicago Railroad v. JohnsonIndiana Supreme Court · 1882
- Crouchley v. PambianchiSupreme Court of Connecticut · 1964
- Gage v. SchavoirSupreme Court of Connecticut · 1924
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