Knowlton v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Action to recover damages for closing a farm crossing over the road-bed and tracks of the defendant, brought to the Superior Court in Fairfield County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings and findings of the court.
Read the full summary
Action to recover damages for closing a farm crossing over the road-bed and tracks of the defendant, brought to the Superior Court in Fairfield County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings and findings of the court. These facts appeared from the finding: In 1847 Philo Curtis, owning a nine acre tract of land in Stratford, bounded southerly on a highway, conveyed a strip four rods wide, running east and west across the middle of it, to the New York & New Haven Railroad…
1Opinion of the CourtBaldwin, J.
The clause in the deed of 1847 by Curtis to the railroad company respecting a crossing, could not constitute an exception. The office of a provision of that description is to exclude from the grant and retain to the grantor some portion of his estate; whatever is thus excluded remaining in him as of his former right and title, because it is not granted. Chappell v. New York, N. H. & H. R. Co., 62 Conn. 195, 297. A reservation, on the other hand, is a new creation of something not previously existing. Barnes v. Burt, 38 Conn. 541. The grantee under the deed was subjected by its terms to the…
2Cases cited3 opinions
- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
- Barnes v. BurtSupreme Court of Connecticut · 1871
- Whitman v. Winchester Repeating Arms Co.Supreme Court of Connecticut · 1887
3Cited by13 opinions
- Kelly v. IvlerSupreme Court of Connecticut · 1982
- Birdsey v. KosienskiSupreme Court of Connecticut · 1953
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Bolan v. Avalon Farms Property Owners Ass'nSupreme Court of Connecticut · 1999
- Taylor v. DennehySupreme Court of Connecticut · 1950
8 more not listed; retrieve them via the Exa API.