Nolan v. City of New Britain
Supreme Court of Connecticut
•Suit for an injunction to restrain the defendant from polluting a certain stream of water by sewage, and for damages, brought to the Superior Court in Hartford county, and, after several special defenses had been proforma adjudged insufficient upon demurrer (Robinson and Hall, Js.), tried to the jury before Hall, J.; verdict and judgment for the plaintiff for |2,000 damages, and appeal by the defendant for alleged errors of the court in sustaining tlie demurrers of the…
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•Suit for an injunction to restrain the defendant from polluting a certain stream of water by sewage, and for damages, brought to the Superior Court in Hartford county, and, after several special defenses had been proforma adjudged insufficient upon demurrer (Robinson and Hall, Js.), tried to the jury before Hall, J.; verdict and judgment for the plaintiff for |2,000 damages, and appeal by the defendant for alleged errors of the court in sustaining tlie demurrers of the plaintiff. The complaint was as follows: “1. The plaintiff is now and for many years last past has been the owner of a farm…
1Opinion of the Court
Andrews, G. J.
The use of Piper’s Brook which the complaint charges that the defendant has made, unless there is a lawful warrant therefor, causes a public nuisance. Anything not warranted by law, which annoys and disturbs one in the use of his property, rendering its ordinary use or occupation physically uncomfortable to him, is a nuisance. Baltimore, etc., R. R. v. Fifth Baptist Church, 108 U. S. 317. If the annoyance is such as to materially interfere with the ordinary comfort of human existence, it is a nuisance. Lord Romilly, in Crump v. Lambert, L. R. 3 Eq. 409-413. And if the annoyance…
2Cases cited17 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. HallNew York Supreme Court · 1832
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
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3Cited by39 opinions
- Doe v. ManheimerSupreme Court of Connecticut · 1989
- Ganim v. Smith & Wesson Corp.Supreme Court of Connecticut · 2001
- State v. Tippetts-Abbett-McCarthy-StrattonSupreme Court of Connecticut · 1987
- State v. Lead Industries, Ass'n, Inc.Supreme Court of Rhode Island · 2008
- Starr v. Commissioner of Environmental ProtectionSupreme Court of Connecticut · 1993
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