Norwich & Worcester Railroad v. Town of Killingly
Supreme Court of Connecticut
This was a writ of error, brought to obtain a reversal of a decree of the superior court, made upon a petition of the town of Killingly against the Norwich and Worcester railroad company.
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This was a writ of error, brought to obtain a reversal of a decree of the superior court, made upon a petition of the town of Killingly against the Norwich and Worcester railroad company. The petition alleged that by the fourteenth section of the charter of the railroad company, granted in 1832, it is provided that the company shall maintain in good repair all bridges, with the abutments and embankments, which they may construct for the purpose of conducting a highway over their railroad; that in constructing their railroad through the town of Killingly, it became necessary to construct the…
1Opinion of the CourtWaite, C. J.
It is claimed by the plaintiffs in error, that the superior court had no power to make the order and decree of which they complain; that they were authorized by their charter to alter and change highways that interfered with the location of their road, and having altered the highway in question, in the manner prescribed by the legislature, the road along the ridge became discontinued, and the company absolved from the duty of making a bridge over their railroad ; and that, although the county court subsequently laid out a highway where the old one was, their charter does not require them to…
2Cited by1 opinion
- State v. New Haven & Northampton Co.Supreme Court of Connecticut · 1877