Hooker v. New-Haven & Northampton Co.
Supreme Court of Connecticut
This was an .action on the case.- The declaration, after stating the corporate capacity of the defendants, and their general powers in that capacity, alleged, that ever since the incorporation of the defendants, they have supported and managed said canal, and received the tolls thereof, and are and have been liable to keep said canal and the works connected therewith in good condition and repair, and so that the property of other persons should, not be injured, by the works…
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This was an .action on the case.- The declaration, after stating the corporate capacity of the defendants, and their general powers in that capacity, alleged, that ever since the incorporation of the defendants, they have supported and managed said canal, and received the tolls thereof, and are and have been liable to keep said canal and the works connected therewith in good condition and repair, and so that the property of other persons should, not be injured, by the works of said canal, -or the water flowing therefrom : that on the 1st of June, 1836, the plaintiff was, and ever since has…
1Opinion of the Court
Williams, Ch. J.
The plaintiff having, as he claimed, proved the injury done to his property, by means of the waters of the canal being discharged in such a manner as, after running through the lands of other persons, to flow upon hiá, and greatly injure it, demanded compensation in damages from the defendants. It was claimed, and not denied, that the canal and waste-wier were constructed under the direc*152tion of the commissioners appointed by the legislature accord-1 to the provisions of the act of incorporation ; and the defendants claimed, that the waste-wiers were properly made and used, and…
2Cases cited3 opinions
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Emerson v. GoodwinSupreme Court of Connecticut · 1833
3Cited by46 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Borman v. StateSupreme Court of Alabama · 1859
- G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
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