Legal Opinion

City of New Haven v. New Haven & Derby Railroad

Supreme Court of Connecticut

Decided September 12, 1892PublishedCited by 10 opinions

New Haven and Fairfield Cos., April T., 1892. Andrews, C. J., Carpenter, Seyhour, Torrance and Fenn, Js. Action to recover damages for a breach of contract; brought to the Superior Court in New Haven County. The court (F. B. Hall, J.,') sustained a demurrer to the complaint, and rendered judgment for the defendants. The plaintiff appealed. The case is fully stated in the opinion.

1Opinion of the CourtFenn, J.

In this action the defendants, the New Haven & Derby Railroad Company, and the Housatonie Railroad Company, having severally demurred to the amended complaint, which demurrers were sustained by the Superior Court, the plaintiff, by its appeal, has brought before this court the question of the sufficiency of the complaint. The material allegations are as follows:—The New Haven & Derby Railroad Company, having operated and located its railroad tracks through a portion of the city of New Haven, which tracks crossed at grade certain streets in the city, the company desired to make changes for its…

2Cases cited2 opinions

  1. Dalley v. City of New HavenSupreme Court of Connecticut · 1891
  2. Kinne v. Town of New HavenSupreme Court of Connecticut · 1864

3Cited by10 opinions

  1. Bridgeman v. City of DerbySupreme Court of Connecticut · 1926
  2. Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
  3. Central Railway & Electric Co.'s AppealSupreme Court of Connecticut · 1896
  4. Snouffer v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1902
  5. Morris & Essex Railroad v. City of OrangeSupreme Court of New Jersey · 1899

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