Town of Suffield v. New Haven & N. R. Co.
Decision Date | 22 February 1886 |
Citation | 53 Conn. 367,5 A. 366 |
Court | Connecticut Supreme Court |
Parties | TOWN OF SUFFIELD v. NEW HAVEN & N. R. Co. |
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.
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 statute of 1884 is as follows:
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Doolittle v. Selectmen of Branford
...legislature to abolish grade crossings. This policy has been recognized and seconded by the courts in numerous cases. Town of Suffield v.Northampton Co., 53 Conn. 3671; Woodruff v. Catlin, 54 Conn. 277, 6 Atl. Rep. 849; Railroad Co. v. City of Waterbury, 55 Conn. 19, 10 Atl. Rep. 162; Town ......
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Town of Meriden v. Bennett
...appeal to the superior court. Bristol v. New England R. Co., 70 Conn. 305-319, 39 Atl. 235, 40 L. R. A. 479; Town of Suffield v. New Haven & Northampton Co., 53 Conn. 367-370. 5 Atl. 366; Waterbury v. Hartford, Prov. & Fishkill R. Co., 27 Conn. With reference to the powers conferred upon ra......
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