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WAMPHASSUC PT. PROP. OWNERS ASSN. v. PUBLIC UTILITIES COMMISSION

154 Conn. 674 (1967)

WAMPHASSUC POINT PROPERTY OWNERS ASSOCIATION ET AL. v. PUBLIC UTILITIES COMMISSION ET AL.

Supreme Court of Connecticut.

Decided April 4, 1967.

Attorney(s) appearing for the Case

Thomas J. O'Sullivan, for the appellants (defendant Smith, trustee, et al.), with whom, on the brief, were Harold M. Mulvey, attorney general, and John G. Hill, Jr., assistant attorney general, for the appellant (named defendant).

William K. Cole, with whom were Barclay Robinson, Jr., and J. Rodney Smith, for the appellees (plaintiff Stickney et al.); with him also was Morgan K. McGuire, for the appellee (plaintiff Woolworth).

Joseph J. Purtill, town attorney for the town of Stonington, filed a brief as amicus curiae.

KING, C. J., ALCORN, HOUSE, COTTER and RYAN, JS.

HOUSE, J.

This appeal was taken by the public utilities commission and the trustees of The New York, New Haven and Hartford Railroad Company from a judgment of the Superior Court which sustained an appeal from an order of the commission directing the installation of safety protective mechanisms at a railroad crossing in Stonington. There is little, if any, dispute about the basic facts in the case, and there is unanimous...

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