Joseph J. Nolan et als. Appeal from an Order of the Railroad Commissioners

Joseph J. Nolan et als. Appeal from an Order of the Railroad Commissioners. Third Judicial District, New Haven, June Term, 1911. Hall, C. J., Prentice, Thayer, Roraback and Wheeler, Js. City of Waterbury’s Appeal, ante, p. 581, reaffirmed and followed. Argued June 9th decided July 31st, 1911. Appeal from an order of the board of railroad commissioners authorizing the New York, New Haven and Hartford Railroad Company to construct a side track, to be used for switching purposes, across a public highway at grade, taken to, and tried by, the Superior Court in New Haven County, Reed, J.; judgment rendered affirming the order of the railroad commissioners, and appeal to this court by Joseph J. Nolan and others, citizens and taxpayers of the city of Waterbury. Error; judgment of the Superior Court set aside, and cause remanded with direction to disaffirm and annul said order of the railroad commissioners. Francis P Guilfoile and Dennis J. Slavin, for the appellants. Terrence F. Carmody, for the Scovill Manufacturing Company and the New York, New Haven and Hartford Railroad Company, appellees. [MAJORITY — Hall, C. J.] Hall, C. J. This cáse, and the case of the Appeal of the Mayor and Board of Aldermen of Waterbury from an Order of the Railroad Commissioners, ante, p. 581, were argued together in this court upon the same finding of facts and reasons of appeal; and the opinion and judgment of this court as reported in that case is, mutatis mutandis, the opinion and judgment of this court in the present case. In this opinion the other judges concurred.