Town of Suffield v. New Haven & N. R. Co.

• Decision Date: 22 February 1886
• Citation: Town of Suffield v. New Haven & N. R. Co., 5 A. 366, 53 Conn. 367 (Conn. 1886)
• Court: Connecticut Supreme Court
• Parties: TOWN OF SUFFIELD v. NEW HAVEN & N. R. Co.

5 A. 366

53 Conn. 367

TOWN OF SUFFIELD

v. NEW HAVEN & N. R. Co.

Supreme Court of Errors of Connecticut.

February 22, 1886.

Proceedings to alter highway to avoid crossing a railroad.

Chas. E. Perkins, for the Town of Suffield.

Wm. C. Case, for the New Haven & N. R. Co.

PARK, C. J. In the town of Suffield the defendant's railroad runs nearly north and south. Before the commencement of these proceedings there were two highways running in an easterly direction in that town that crossed the railroad at grade about a half mile apart, and united in one highway, within a short distance from the railroad, on the east side, and at a point nearly equidistant from the crossings. The railroad commissioners, on a hearing duly had on the subject, ordered that the location of the two highways at the crossings be so changed that they would meet on the west side thereof, and just before reaching the railroad, and thus save the necessity of more than one crossing of the railroad.

The sole question in the case is whether the commissioners had authority to make this order. All their authority came from the statutes of 1876 and 1884, (Sess. Laws 1876, p. 102; Sess. Laws 1884, p. 378,) and the case depends upon the construction to be given to these statutes.

The statute of 1876 is as follows:

"The selectmen of any town within which a highway crosses or is crossed by a railroad, or the directors of any railroad company whose road crosses or is crossed by a highway, may bring their petition in writing to the railroad commissioners; therein alleging that public safety requires an alteration in such crossing, its approaches, the method of crossing, the location of the railroad or highway, or the removal of obstructions to the sight at such crossing, and praying that the same may be ordered. Whereupon the railroad commissioners shall appoint a time and place for hearing the petition, and shall give such notice thereof as they shall judge reasonable, to said selectmen, the railroad company, and the owners of the land adjoining such crossing; and, after such notice and hearing, said commissioners shall determine what alterations or removals shall be made, by whom done, and at whose expense."

The statute of 1884 is as follows:

"The railroad commissioners may, when, in their opinion, public safety requires an alteration of any highway crossed at grade by a railroad, after a hearing had upon such notice as they shall deem reasonable to the railroad company owning or operating said railroad, and to the selectmen of the town, mayor of the city, or warden of the borough, within which said highway is situated, and to the owners of the land adjoining said crossing, order such alterations in such highway as they shall deem best; and shall determine and direct by whom such alterations shall be made, at whose expense, and within what time: provided, that in no case shall more than one-half the expense be paid by the town, city, or borough aforesaid: and provided, further, that such alterations as are made at the primary instance of the railroad commissioners shall not be ordered at the rate of more than one a year on any one railroad, except in the case of railroads now having a double track throughout their...