Wheeler v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Appeal from a decision of the railroad commissioners involving the condemnation of the plaintiff’s land, taken to the Superior Court in Fairfield County where the cause, upon motion of the defendant, was erased from the docket (Elmer, J.') for want of jurisdiction, and the plaintiffs appealed for alleged error in this ruling of the court.
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Appeal from a decision of the railroad commissioners involving the condemnation of the plaintiff’s land, taken to the Superior Court in Fairfield County where the cause, upon motion of the defendant, was erased from the docket (Elmer, J.') for want of jurisdiction, and the plaintiffs appealed for alleged error in this ruling of the court. The material facts stated in the complaint are as follows : “ 1. The petitioners own a valuable piece of property situated in said Bridgeport, bounded southwest by Bridgeport harbor, northwest by the tracks of the New York, New Haven and Hartford Railroad…
1Opinion of the CourtAndrews, C. J.
A cause is not to be erased from the docket unless the want of jurisdiction appears plainly on the face of the record. James v. Morgan, 36 Conn. 348, 351; Wickwire v. State, 19 id. 477, 484; Saunders v. Denison, 20 id. 521, 525; Camp v. Stevens, 45 id. 92, 95.
The Superior Court has jurisdiction generally of appeals from the doings of the railroad commissioners in respect to grade crossings. General Statutes, §§ 3425, 3491; Public Acts of 1889, Chap. 213; id., Chap. 220, § 6.
The rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a Superior Court but that…
2Cases cited1 opinion
- James v. MorganSupreme Court of Connecticut · 1870
3Cited by14 opinions
- Carten v. CartenSupreme Court of Connecticut · 1966
- Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928
- Norton v. Shore Line Electric Railway Co.Supreme Court of Connecticut · 1911
- Walkinshaw v. O'BrienSupreme Court of Connecticut · 1943
- Wheeler v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
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