Legal Opinion · Dissent

Spencer's Appeal From Railroad Commissioners

Supreme Court of Connecticut

Decided October 6, 1905Published

Appeals from an order of the railroad commissioners abolishing a grade-crossing in the town of East Hartford, taken to and tried by the Superior Court in Hartford County, Q-eorge W. Wheeler, J.; facts found and judgment rendered modifying the plan and order of the railroad commissioners, and appeal by several of the respondents.

1DissentBaldwin, J.

I concur in the foregoing opinion, except so far as it relates to the constitutionality of the statute under which the appeal to the Superior Court was taken.

This proceeding, when pending before the railroad commissioners, was a quasi-judicial one. Chester v. Connecticut Valley R. Co., 41 Conn. 348, 355 ; State v. New Haven & N. Co., 43 id. 351, 381; Woodruff v. New York & N. E. R. Co., 59 id. 63, 88. A quasi-judicial proceeding may become a judicial one, if transferred by way of appeal or review to a judicial tribunal. Beard’s Appeal, 64 Conn. 526, 534; Hopson’s Appeal, 65 id. 140, 146 ;…

2Cases cited5 opinions

  1. Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
  2. Beard's Appeal from County CommissionersSupreme Court of Connecticut · 1894
  3. Hall v. City of MeridenSupreme Court of Connecticut · 1880
  4. Appeal of Waterbury From the Doings of the Railroad CommissionerSupreme Court of Connecticut · 1905
  5. Town of Chester v. Connecticut Valley RailroadSupreme Court of Connecticut · 1874

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