Whiting v. Gaylord
Supreme Court of Connecticut
Action to recover damages for injuries to the plaintiff’s half of a double wooden house, and to her health, alleged to have been caused by the defendent in and while tearing down his half of said house; brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the plaintiff to recover $350, and appeal by both parties for alleged errors in the rulings of the court.
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Action to recover damages for injuries to the plaintiff’s half of a double wooden house, and to her health, alleged to have been caused by the defendent in and while tearing down his half of said house; brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the plaintiff to recover $350, and appeal by both parties for alleged errors in the rulings of the court. The plaintiff and the defendant owned a double dwelling-house on the south side of State street in the city of Bridgeport ; the plaintiff the west half, and…
1Opinion of the CourtAndrews, C. J.
The division wall, one half of which was conveyed to the plaintiff by her deed, and the other half of which was conveyed to the defendant by his deed, has not been injured. It remains as it was before the defendant *343rebuilt. No damages were claimed, and none were awarded, for anything done to it.
The defendant did certain acts on his own land, lawful in themselves, and without negligence. In doing such acts in that way some damage was unavoidably done to the plaintiff. The trial court held that the defendant was liable to the plaintiff for the damages so caused, as an insurer. The defendant…
2Cases cited18 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Brooks v. . CurtisNew York Court of Appeals · 1873
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
13 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Hawley v. McCabeSupreme Court of Connecticut · 1933
- Kelley v. TomasConnecticut Appellate Court · 2001
- Walker v. CliffordSupreme Court of Alabama · 1900
28 more not listed; retrieve them via the Exa API.