Contractors v. Hemingway
Supreme Court of Connecticut
This was ail action of assumpsit for the wharfage of goods ; tried at New-Haven, January term, ] 837, before Church, J, In December, 1731, after the failure of a previous attempt, the proprietors of undivided lands in the town of New-Haven, at a legal meeting, granted to so many of such proprietors as should be inclined to subscribe for the purpose a certain sum of money, full and free liberty to erect, set up and maintain a wharf on the flats, thirty feet wide, of such…
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This was ail action of assumpsit for the wharfage of goods ; tried at New-Haven, January term, ] 837, before Church, J, In December, 1731, after the failure of a previous attempt, the proprietors of undivided lands in the town of New-Haven, at a legal meeting, granted to so many of such proprietors as should be inclined to subscribe for the purpose a certain sum of money, full and free liberty to erect, set up and maintain a wharf on the flats, thirty feet wide, of such course towards the main channel as should best answer the end proposed : to have and to hold to the said subscribers, their…
1Opinion of the Court
Williams, Ch. J.
Although the documents exhibited on the trial of the cause, are numerous, the dispute is within a very narrow7 compass. The jury, by their verdict, have negated the idea of any attempt of the defendants to evade the rights of the plaintiffs. The question, however, is really between the owners of the twro wharves; the Canal Company having indemnified the defendants.
What then, are the respective rights of these companies? That the Union wharf is a free, open, public highway, is not denied. But the plaintiffs claim, that they have the right to demand compensation for all goods…
2Cited by4 opinions
- Anderson v. Alton National BankAppellate Court of Illinois · 1895
- Contractors to rebuild & support Union Wharf v. The Steamer J. H. StarinSupreme Court of Connecticut · 1878
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1896
- The J. H. StarinU.S. Circuit Court for the District of Connecticut · 1879