John Wheeler v. New York, New Haven & Hartford Railroad Company

This was a motion to dismiss the writ of error, and in default thereof to affirm the judgment of the supreme court of errors of Connecticut.

The case originated in an application by the railroad company to the judge of the superior court to appoint appraisers to estimate the damages that might arise to the plaintiffs in error from the taking of certain real estate in the city of Bridgeport, for the purpose of carrying out an agreement between the railroad company and the city of Bridgeport for the abolition of grade crossings. This agreement, which was entered into under the provisions of an act of the general assembly, 'providing for the abolition of grade crossings in Bridgeport,' provided the manner, plans, method, and time in which the grade crossings should be abolished, and the proportion of the cost thereof to be borne by the city of Bridgeport and the railroad company-the proportion of such cost to be paid by the city being one sixth and that by the railroad company five sixths, provided the total cost to be paid by the city should not exceed the sum of $400,000.

A demurrer to the application of the railroad company having been overruled, and a special defense in the answer having been stricken out as irrelevant and impertinent, an order was made appointing the appraisers. An appeal was taken to the supreme court of errors, which affirmed the judgment of the judge, of the superior court, and defendant sued out this writ of error, which defendant in error moves to dismiss for want of jurisdiction, or to affirm upon the ground that the question upon which the jurisdiction depends is frivolous.

Messrs. R. E. DeForest and George P. Carroll for plaintiff in error.

''Mr. Wm. D. Bishop, Jr.,'' for defendant in error.

Mr. Justice Brown delivered the opinion of the court: