Legal Opinion

President & Fellows of Yale College v. City of New Haven

Supreme Court of Connecticut

Decided January 4, 1889PublishedCited by 4 opinions

Action to recover the expense incurred by the plaintiffs in repairing a sea wall which supported a street of the defendant city; brought to the Superior Court in New Haven County. The street in question ran through some mud flats to a bridge, and the wall supporting the sides of it was originally built by the city,, the expense being in part assessed upon the abutting owners.

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Action to recover the expense incurred by the plaintiffs in repairing a sea wall which supported a street of the defendant city; brought to the Superior Court in New Haven County. The street in question ran through some mud flats to a bridge, and the wall supporting the sides of it was originally built by the city,, the expense being in part assessed upon the abutting owners. The plaintiffs were abutting owners and the common council of the city ordered a sidewalk made along the street; and extensive repairs were necessary upon the wall, before the sidewalk could be laid upon a proper…

1Opinion of the CourtPardee, J.

The complaint in this case presents the following facts:—About the year 1868 the town of New Haven, then having jurisdiction over the territory in question, constructed a highway, extending from East Pearl street to the Chapel street bridge over Mill River, as an approach to the bridge, and supported such portion of it as was laid upon the mud flats by a sea wall on the south side thereof. This is an extension of Chapel street. A reasonable proportion of the cost of both highway and wall was assessed upon and paid by the owners of the adjoining land. This territory came under the jurisdiction…

2Cited by4 opinions

  1. Davis v. Board of Commr. of Lincoln CountySupreme Court of Oklahoma · 1913
  2. Shelton Co. v. Borough of BirminghamSupreme Court of Connecticut · 1892
  3. Hillhouse v. City of New HavenSupreme Court of Connecticut · 1892
  4. Town of New Martinsville v. ShibenWest Virginia Supreme Court · 1930

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