Frink v. Lawrence
Supreme Court of Connecticut
This was a bill in chancery, praying for an injunction against obstructing the navigation of vessels to the plaintiff’s wharf, in the waters of New-London harbour. The cause was referred to a committee, who made their report to the superior court, holden, by adjournment, at New-London, in July, 1849. The material facts, embraced in the report, are the following.
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This was a bill in chancery, praying for an injunction against obstructing the navigation of vessels to the plaintiff’s wharf, in the waters of New-London harbour. The cause was referred to a committee, who made their report to the superior court, holden, by adjournment, at New-London, in July, 1849. The material facts, embraced in the report, are the following. The plaintiffs are the owners of a lot of land, lying in the city of New-London, bounded on the Easterly side, by the waters of the harbour, with a wharf extending Easterly from their land, a considerable distance, into the harbour.…
1Opinion of the CourtWaite, J.
We have had occasion, in several recent cases, to consider the question, whether a private individual can sustain a bill in equity, for an injunction against a public nuisance in navigable waters. Bigelow v. Hartford Bridge Company, 14 Conn. R. 565. O’Brien v. Norwich and Worcester Rail-Road Company, 17 Conn. R. 372. Seeley v. Bishop, 19 Conn. R. 135. And we held, that such relief will not be granted, unless it appears, that the party complaining will sustain a special or peculiar damage-an injury distinct from that done to the public at large. But on the other hand, it was conceded, that if…
2Cases cited1 opinion
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
3Cited by20 opinions
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- Briel v. City of NatchezMississippi Supreme Court · 1873
- Coite v. Society for SavingsSupreme Court of Connecticut · 1864
- Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
- Viebahn v. Board of County CommissionersSupreme Court of Minnesota · 1905
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