Legal Opinion

Town of Westbrook's Appeal from Railroad Commissioners

Supreme Court of Connecticut

Decided January 19, 1889PublishedCited by 10 opinions

Appeal by the town of Westbrook from an order of the railroad commissioners in the matter of certain grade crossings in the appellant town, made under Gen. Statutes, § 3489; taken to the Superior Court in Middlesex county, and heard before Park, C. J. There were three petitions brought in behalf of the New York, New Haven & Hartford Railroad Company, which were heard together by the commissioners and a single order passed.

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Appeal by the town of Westbrook from an order of the railroad commissioners in the matter of certain grade crossings in the appellant town, made under Gen. Statutes, § 3489; taken to the Superior Court in Middlesex county, and heard before Park, C. J. There were three petitions brought in behalf of the New York, New Haven & Hartford Railroad Company, which were heard together by the commissioners and a single order passed. A finding of facts was made and an order passed by the court affirming in most respects the order of the commissioners. The town appealed to this court. The ease is…

1Opinion of the CourtCarpenter, J.

This is an appeal from the doings of the railroad commissioners in the matter of certain grade cross*97ings in the town of Westbrook. There were three applications brought by the railroad company for the purpose of abolishing the grade crossings. They were heard together, practically as one proceeding, and but one order passed. The appeal was heard' by the Superior Court, and a decree passed substantially affirming the order of the railroad commissioners. The town appealed to this court.

There are twelve reasons of appeal. The first eight are based on a claim that the applications were not…

2Cited by10 opinions

  1. Whitney v. City of New HavenSupreme Court of Connecticut · 1890
  2. Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
  3. Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
  4. Cullen v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
  5. New Haven Steam Saw Mill Co. v. City of New Haven & New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899

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