Skelly v. Montville Street Railway Co.
Supreme Court of Connecticut
Suit for an injunction to restrain the defendant from constructing and maintaining its street railway in the public highways, so as to parallel a certain steam railway, until it should have obtained from the Superior Court or a judge thereof, a finding that public convenience and necessity required such construction; brought to the Superior Court in New London County and reserved by that court, Prentice, J., upon the defendant’s demurrer to the complaint, for the advice of…
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Suit for an injunction to restrain the defendant from constructing and maintaining its street railway in the public highways, so as to parallel a certain steam railway, until it should have obtained from the Superior Court or a judge thereof, a finding that public convenience and necessity required such construction; brought to the Superior Court in New London County and reserved by that court, Prentice, J., upon the defendant’s demurrer to the complaint, for the advice of this court. The complaint, after reciting the incorporation of the defendant under a special charter granted by the…
1Opinion of the CourtHamersley, J.
One question only is presented by the demurrer: Do the amendments to the defendant’s charter, passed since the Act of 1893 (Public Acts of 1893, p. 307), except the defendant from the operation of § 8 of that Act? This section forbids the extension of a street railroad from *264one town to any other town in the public highway, so as to ■parallel any steam railroad, (unless authorized by special •charter prior to January 1st, 1898,) until the Superior Court, upon application in the prescribed form, has found that public convenience and necessity require the construction of such ■street railway.…
2Cases cited1 opinion
- Goodman v. JewettSupreme Court of Connecticut · 1856
3Cited by1 opinion
- Arsenal School District v. Consolidated Town & City of HartfordSupreme Court of Connecticut · 1935