New York, New Haven & Hartford Railroad v. Armstrong
Supreme Court of Connecticut
Suit to restrain the defendants from constructing a platform or wharf in New London harbor upon land alleged to belong' to the plaintiff, and for an order requiring them to remove certain piling and piers already built, brought to and tried by the Superior Court in New London County, Shumway, J.; facts found and judgment, rendered partly in favor of each party, but denying the relief asked for, from which each party appealed.
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Suit to restrain the defendants from constructing a platform or wharf in New London harbor upon land alleged to belong' to the plaintiff, and for an order requiring them to remove certain piling and piers already built, brought to and tried by the Superior Court in New London County, Shumway, J.; facts found and judgment, rendered partly in favor of each party, but denying the relief asked for, from which each party appealed. In 1848 the General Assembly of Connecticut granted the plaintiff’s predecessor in title a charter, portions of which are printed in the foot-note. 4 Private Laws, p.…
1Opinion of the CourtWheeler, J.
We have incorporated in the foregoing statement, facts which the motion to rectify and the] motion to correct do not successfully criticize. We omit those facts which are especially pertinent to the title of those who claim, or are claimed, to be upland owners, since in our view the case may be decided without passing upon their title.
The motion to correct should be sustained in part. Certain material facts of the finding, as we read the evidence, do not appear to be supported by it. The findings that the railroad’s location and layout was six rods in width across Shaw’s Cove, and as such was…
2Cases cited18 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Southern Pacific Railroad v. San Francisco Savings UnionCalifornia Supreme Court · 1905
- Matter of City of BuffaloNew York Court of Appeals · 1912
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Appeal of PhillipsSupreme Court of Connecticut · 1931
- Ingham v. BrooksSupreme Court of Connecticut · 1920
- Midland Valley R. Co. v. SutterCourt of Appeals for the Eighth Circuit · 1928
- State v. Knowles-Lombard Co.Supreme Court of Connecticut · 1936
- Chicago Great Western Railroad v. ZahnerSupreme Court of Minnesota · 1920
4 more not listed; retrieve them via the Exa API.