Platt Bros. v. City of Waterbury
Supreme Court of Connecticut
Suit to restrain the defendant from polluting with its sewage the Naugatuch river above the plaintiff’s mill-privilege, and also for damages, brought to the Superior Court of New Haven County where a demurrer to certain defenses of the answer was sustained ( Greorge W. Wheeler, J.') and the cause was afterwards tried to the court, Shwmway, J.; ■ facts found and judgment rendered for the plaintiff for $500 damages and also for an injunction, and appeal by the defendant for…
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Suit to restrain the defendant from polluting with its sewage the Naugatuch river above the plaintiff’s mill-privilege, and also for damages, brought to the Superior Court of New Haven County where a demurrer to certain defenses of the answer was sustained ( Greorge W. Wheeler, J.') and the cause was afterwards tried to the court, Shwmway, J.; ■ facts found and judgment rendered for the plaintiff for $500 damages and also for an injunction, and appeal by the defendant for alleged errors in the rulings and findings of the court. The amended complaint alleges that the plaintiff is the owner of…
1Opinion of the CourtHamersley, J.
There is no error in the disposition of the preliminary motions.
The demurrer to the special defense was properly sustained. Under the charter of the city of Waterbury the board of sewer commissioners is established to execute certain powers vested in the city, and the municipal corporation is responsible for the acts of the commissioners within the scope of their authority. The action complained of in the complaint was the action of the city. West Hartford v. Board of Water Com’rs, 44 Conn. 360, 369.
Sustaining the demurrer to the three special defenses subsequently filed is not ground for a…
2Cases cited11 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Jewett v. City of New HavenSupreme Court of Connecticut · 1871
- Town of West Hartford v. Board of Water CommissionersSupreme Court of Connecticut · 1877
- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
- Barnard v. SherleyIndiana Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Hillman v. Town of GreenwichSupreme Court of Connecticut · 1991
- Starr v. Commissioner of Environmental ProtectionSupreme Court of Connecticut · 1993
- Textron, Inc. v. WoodSupreme Court of Connecticut · 1974
- Moore v. SerafinSupreme Court of Connecticut · 1972
- State v. McCookSupreme Court of Connecticut · 1929
45 more not listed; retrieve them via the Exa API.