Mooney v. Clark
| Court | Supreme Court of Connecticut |
| Writing for the Court | TORRANCE, J. |
| Citation | 37 A. 1080,69 Conn. 241 |
| Parties | MOONEY v. CLARK et al. |
| Decision Date | 25 May 1897 |
69 Conn. 241
MOONEY
v.
CLARK et al.
Supreme Court of Errors of Connecticut.
May 25, 1897.
Concurring opinion. For former report, see 37 Atl. 506.
TORRANCE, J. The act of June 22, 1895, provides for an abatement of a nuisance dangerous to life, resulting from the intersection of railroad tracks and highways at grade within the limits of the city of Bridgeport, at the expense of the municipality and railroad company responsible for its existence; and it authorizes the board of railroad commissioners to make the necessary order for this purpose, and provides for an agreement between the company and certain persons named in the act, as representatives of the city, for the purpose of facilitating the performance by the railroad commissioners of the duty imposed upon them. In this the legislature does not exceed its powers.
It was claimed on behalf of the plaintiff that the act authorizes an agreement, not merely for the purpose of aiding the commissioners in making a proper order, but for the purpose of binding the city by obligations other than those involved in the elimination of grade crossings, and that a valid agreement for such purpose requires the action of the municipality; also, that the act authorizes a donation by the city to the railroad corporation for the building of additional tracks and a new drawbridge, contrary to the provisions of the twenty-fifth article of the amendments to the constitution. I agree that it is not necessary to pass upon these questions in order to sustain the demurrer to the plaintiff's complaint,— the only question now...
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State v. Nardini
...154, 251 A.2d 49 (1968); Heiberger v. Clark, 148 Conn. 177, 189, 169 A.2d 652 (1961); Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080 (1897). The legislature may not confer upon the judicial department legislative and administrative functions; Adams v. Rubinow, supra, 157 Con......
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Massameno v. Statewide Grievance Committee, Nos. 14930
...of governmental powers. State v. Stoddard, 126 Conn. 623, 627, 13 A.2d 586 [1940]; Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080 [1897]. 'Our own Constitution like most constitutions, provides for certain elective and legislative appointments; but except in the cases specif......
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State v. Rodriguez
...nature. It was not inconsistent with the independence of the judicial department; see Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 594, 37 A. 1080 (1897); did not regulate procedure in the Superior Courts; see State ex rel. Kelman v. Schaffer, 161 Conn. 522, 529, 290 A.2d 327 (1971); and ......
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Eielson v. Parker
...444, 207 A.2d 739 (1965); McGovern v. Mitchell, 78 Conn. 536, 564, 63 A. 433 (1906); Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 594, 37 A. 1080 The plaintiffs place heavy reliance on the judicial gloss on article second that is contained in the well-known case of McGovern v. Mitchell, s......
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State v. Nardini
...154, 251 A.2d 49 (1968); Heiberger v. Clark, 148 Conn. 177, 189, 169 A.2d 652 (1961); Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080 (1897). The legislature may not confer upon the judicial department legislative and administrative functions; Adams v. Rubinow, supra, 157 Con......
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Massameno v. Statewide Grievance Committee, Nos. 14930
...of governmental powers. State v. Stoddard, 126 Conn. 623, 627, 13 A.2d 586 [1940]; Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080 [1897]. 'Our own Constitution like most constitutions, provides for certain elective and legislative appointments; but except in the cases specif......
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State v. Rodriguez
...nature. It was not inconsistent with the independence of the judicial department; see Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 594, 37 A. 1080 (1897); did not regulate procedure in the Superior Courts; see State ex rel. Kelman v. Schaffer, 161 Conn. 522, 529, 290 A.2d 327 (1971); and ......
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Eielson v. Parker
...444, 207 A.2d 739 (1965); McGovern v. Mitchell, 78 Conn. 536, 564, 63 A. 433 (1906); Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 594, 37 A. 1080 The plaintiffs place heavy reliance on the judicial gloss on article second that is contained in the well-known case of McGovern v. Mitchell, s......