Atwood v. Partree
Supreme Court of Connecticut
Application for a mandamus to compel the defendants,. selectmen of the town of Watertown, to remove the fences and open an old highway; brought to the District Court of Waterbury, and heard before Brad street,
1Opinion of the CourtPark, C. J.
An application for a mandamus cannot be sustained by a private person, in his own name, against public officers, for the abatement of a public nuisance, unless he is specially and peculiarly injured by the nuisance over and above and independent of the injury he receives as a member of the public. Public injuries must be redressed by public officer's, but private injuries, occasioned by public nuisances, may be redressed if the parties are thus specially and peculiarly injured. Wheeler v. Bedford, 54 Conn., 244.
This action was brought to compel' the selectmen of Watertown to remove the fences…
2Cases cited1 opinion
- Wheeler v. BedfordSupreme Court of Connecticut · 1886
3Cited by14 opinions
- State Ex Rel. Heimov v. ThomsonSupreme Court of Connecticut · 1944
- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
- Newton v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
- Milford Education Assn. v. Board of EducationSupreme Court of Connecticut · 1975
- Brainard v. Town of West HartfordSupreme Court of Connecticut · 1954
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