New York, New Haven & Hartford Railroad v. Fair Haven & Westville Raidroad
Supreme Court of Connecticut
Shit to enjoin the defendant from constructing and operating an electric street railway across the plaintiff’s tracks at grade, brought to the Superior Court in New Haven County and reserved by that court, Q-eorge IV.
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Shit to enjoin the defendant from constructing and operating an electric street railway across the plaintiff’s tracks at grade, brought to the Superior Court in New Haven County and reserved by that court, Q-eorge IV. Wheeler, J., upon an agreed statement of facts, for the consideration and advice of this court. .Pursuant to the advice of this court (70 Conn. 610) final judgment ivas afterwards rendered in favor of the plaintiff, from which the defendant appealed for alleged errors of the court (Rorabaeh, J.) in its rulings affecting the terms and scope of the, injunction decree. In this…
1Opinion of the CourtTorrance, J.
Upon an inspection of the record in this case we are of opinion that the motion to dismiss the appeal should be granted.
This court held in the former hearing in this case, that the land included within parcel B as described in the record was *590the property of the plaintiff, in or over which the defendant had no right to operate its railroad, or to maintain its tracks, fixtures, or other things as described in the complaint.
It advised the Superior Court to grant the prayer'of the complaint. That prayer was for an injunction, both restraining and mandatory, covering the whole of parcel B. The…
2Cases cited1 opinion
- Hull v. HullSupreme Court of Connecticut · 1880
3Cited by2 opinions
- Santos v. Publix Theatres CorporationSupreme Court of Connecticut · 1928
- Brennan v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1899