Wadsworth v. Town of Middletown
Supreme Court of Connecticut
Action to recover damages for wantonly, negligently and unnecessarily cutting trees and shrubs between the traveled path of a highway and the fence line of the plaintiff’s land, within the legal limits of the highway, brought to and tried by the Superior Court in Middlesex County, Burpee, J.; facts found and judgment rendered for the plaintiff for $1,000 against the defendant Peck, from which he appealed.
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Action to recover damages for wantonly, negligently and unnecessarily cutting trees and shrubs between the traveled path of a highway and the fence line of the plaintiff’s land, within the legal limits of the highway, brought to and tried by the Superior Court in Middlesex County, Burpee, J.; facts found and judgment rendered for the plaintiff for $1,000 against the defendant Peck, from which he appealed. Plaintiff was the owner in fee of a piece of land in Middletown abutting on two highways, whose boundaries were marked by stone walls. Within the limits of these highways, between the…
1Opinion of the CourtWheeler, J.
The chief ground of appeal of the defendant Peck, is that the cutting of the brush and trees complained of was done by him as selectman of Middletown, in the exercise of his discretion, and hence for any damage done him the plaintiff is remediless.
Support for this proposition is found in the assertion of the right of the public authorities to clear a highway of such brush and trees as is in their discretion necessary or advantageous; and by the further asser tion, that liability for damage resulting to the adjoining property owner cannot arise unless it appears affirmatively that these…
2Cases cited12 opinions
- Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Newton v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
- Vanderhurst v. TholckeCalifornia Supreme Court · 1896
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Gordon v. Bridgeport Housing AuthoritySupreme Court of Connecticut · 1988
- Mary Elizabeth Foy Donnelly v. H. Gibson GuionCourt of Appeals for the Second Circuit · 1972
- Fraser v. HenningerSupreme Court of Connecticut · 1977
- Leger v. KelleySupreme Court of Connecticut · 1955
- Aspen Exploration Corp. v. SheffieldAlaska Supreme Court · 1987
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