Alderman v. City of New Haven
Supreme Court of Connecticut
Action to secure the removal of a server alleged to he unlawfully maintained by the defendant in and across the plaintiff’s land, and for damages, brought to and tried by the Superior Court in New Haven County, Gayer, J. ; facts found and judgment rendered for the defendant, and appeal by the plaintiff. The facts found, in so far as they are involved in the discussion and conclusions of the court, are sufficiently stated in the opinion.
1Opinion of the CourtPrentice, J.
The relief sought in this action, whether legal or equitable, is asked by reason of a claimed invasion by the defendant of a legal right of the plaintiff. The right alleged to have been invaded is the plaintiff’s right of property in the lands described in the complaint. The claimed invasion results from the maintenance, past and present, of a sewer through and over these lands. The defendant in its behalf asserts its unqualified right to do what it has done.
The sewer in question is an underground trunk line. It was built in 1881. The route chosen for it by the city lay through land of Robert…
2Cases cited10 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- French v. PearceSupreme Court of Connecticut · 1831
- School District No. 8 v. LynchSupreme Court of Connecticut · 1866
- Clark v. GilbertSupreme Court of Connecticut · 1872
- Foot v. New Haven & Northampton Co.Supreme Court of Connecticut · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Roche v. Town of FairfieldSupreme Court of Connecticut · 1982
- Zollinger v. FrankUtah Supreme Court · 1946
- Klein v. DeRosaSupreme Court of Connecticut · 1951
- Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1936
- Aczas v. Stuart Heights, Inc.Supreme Court of Connecticut · 1966
15 more not listed; retrieve them via the Exa API.