Charles Offield v. New York, New Haven Hartford Railroad Company
Decision Date | 03 December 1906 |
Docket Number | No. 59,59 |
Citation | 203 U.S. 372,27 S.Ct. 72,51 L.Ed. 231 |
Parties | CHARLES K. OFFIELD, Plff. in Err., v. NEW YORK, NEW HAVEN, & HARTFORD RAILROAD COMPANY |
Court | U.S. Supreme Court |
Messrs. Edward H. Rogers, W. H. H. Miller, and Charles K. Bush for plaintiff in error.
[Argument of Counsel from pages 372-374 intentionally omitted] Messrs. George D. Watrous and Edward G. Buckland for defendant in error.
This writ of error brings up for review a judgment of the supreme court of errors of the state of Connecticut, rendered in a proceeding under the statutes of that state for the condemnation of two shares of stock owned by plaintiff in error in the New Haven & Derby Railroad Company.
There was a demurrer to the application, which was overruled by the advice of the supreme court of errors, the judgment on demurrer having been reserved, under the practice of the state, for the advice and consideration of that court. 77 Conn. 417, 59 Atl. 510. Upon the hearing judgment was rendered for defendant in error, which was affirmed by the supreme court of errors. 78 Conn. 1, 60 Atl. 740.
Defendant in error is the lessee of the New Haven & Derby Railroad Company, and has acquired all of the shares of stock of the latter road except the two shares owned by plaintiff in error.
That the lease and acquisition of stock are valid under the laws of the state is decided by the supreme court of errors, and it is sought by proceedings under review to obtain the two shares of stock owned by plaintiff in error, under §§ 3694 and 3695 of the General Statutes of Connecticut, which are as follows:
The purpose of the acquisition of the stock is to enable defendant in error to improve the New Haven & Derby Railroad.
It is contended by plaintiff in error (1) that the purpose for which the stock is sought to be obtained is not a public use. (2) That defendant in error has the power and authority to make the improvements mentioned in its application, which would be as advantageous as taking the stock. (3) The proceedings and statutes are in violation of the due process clause of the 14th Amendment to the Constitution of the United States, and impair the contract rights of plaintiff...
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