New York & New England Railroad v. City of Waterbury
Supreme Court of Connecticut
Shit for an injunction to restrain the defendant city from constructing a highway across the railroad track of the plaintiff corporation; brought to the Superior Court in New Haven County. Facts found and case reserved for advice. The case is sufficiently stated in the opinion. 1. The vote of the common council of the city, by which it is claimed that the highway in question was laid out, never became operative from want of the legal approval of the mayor.
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Shit for an injunction to restrain the defendant city from constructing a highway across the railroad track of the plaintiff corporation; brought to the Superior Court in New Haven County. Facts found and case reserved for advice. The case is sufficiently stated in the opinion. 1. The vote of the common council of the city, by which it is claimed that the highway in question was laid out, never became operative from want of the legal approval of the mayor. The city charter provides that every such resolution, after it has passed both bodies, “ shall be sent to the mayor, who shall, either…
1Opinion of the CourtPardee, J.
This is a petition for an injunction to restrain the defendant from constructing a highway intersecting the plaintiff’s railway track at grade; reserved, upon the facts found, for our advice.
In June, 1881, the court of common council of the city of Waterbury voted to lay out a highway to be called Burn-ham street, to cross the plaintiff’s railway at grade.
The charter of the city provides as follows:—“Every vote, resolution, order, etc., which passes either body shall be transmitted to the other, and if passed there shall also be sent to the mayor, who shall either approve it, in which case it…
2Cited by13 opinions
- Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
- Jenson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
- Wamphassuc Point Property Owners Ass'n v. Public Utilities CommissionSupreme Court of Connecticut · 1967
- Butcher v. FlaggOregon Supreme Court · 1948
- Smith v. Town of New HavenSupreme Court of Connecticut · 1890
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