DocketNumber: No. CV89 0102401
Judges: MOTTOLESE, J. CT Page 6897
Filed Date: 8/6/1991
Status: Non-Precedential
Modified Date: 4/18/2021
The plaintiff responds that he has alleged that the platform is a City sidewalk and is therefore part of a City street or highway. He submits a photograph showing the platform immediately adjacent to the railroad roadbed and argues that (a) because the platform is open to public use, it is part of a highway, (b) a railroad track is a "road" within the meaning of the statute and (c) that a portion of the transportation center crosses over Washington Blvd., a city street and therefore the platform is part of a "bridge" within the meaning of the statute.
Viewing the evidence in a light most favorable to the plaintiff, Strada v. Connecticut Newspapers Inc.,
The defendant has made numerous statutory arguments to support its definition of "highway" which of course is and has been for many years, the judicially adopted term for "road" as used in the statute, Hornyak v. Fairfield,
Not only is there no documentary evidence that this waiting platform is adjacent to a public highway, but by its very nature and function it does not fit the definition of a sidewalk because the general public clearly does not have a right to use it equal to that of a commuter. The plaintiff's theory would for instance, convert to highway status the entrance to the public library or a hiking trail in a public park.
The plaintiff's second argument, that a railroad is a "road" and therefore a highway, was rejected in New Haven v. CT Page 6898 United Aluminating Co.,
The defendant's motion is granted.
MOTTOLESE, J.