O'Brien v. Norwich & Worcester Rail-Road
Supreme Court of Connecticut
This was a bill in chancery for an injunction. The plaintiff alleged, that he was an inhabitant of the town of Preston, residing in the village of Poquetannuck, in that town, near the head of Poquetannuck cove, an arm of the sea, in which the tide ebbs and flows, being in length about two miles, and communicating with the main ocean, through the river Thames, a navigable river ; that the waters of this cove are navigable, and from time immemorial have been used and enjoyed…
Read the full summary
This was a bill in chancery for an injunction. The plaintiff alleged, that he was an inhabitant of the town of Preston, residing in the village of Poquetannuck, in that town, near the head of Poquetannuck cove, an arm of the sea, in which the tide ebbs and flows, being in length about two miles, and communicating with the main ocean, through the river Thames, a navigable river ; that the waters of this cove are navigable, and from time immemorial have been used and enjoyed as navigable waters ; that the plaintiff and all other persons have been accustomed, at their pleasure, to pass and…
1Opinion of the CourtWaite, J.
This bill is brought by a private individual, praying for an injunction against the extension of the defendants’ rail-road across the Poquetannuck cove, an arm of the sea.
In a very recent case, we had occasion to examine the principles which govern courts of equity in cases of this kind; and after a careful examination of the authorities, we held, that a bill in equity will not be entertained for an injunction against a public nuisance, unless it shows that the plaintiff will sustain a special or peculiar damage from it, an injury distinct from that done to the public at large. Bigelow v. The…
2Cited by18 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
- Crommelin v. CoxeSupreme Court of Alabama · 1857
- Green v. LakeMississippi Supreme Court · 1877
13 more not listed; retrieve them via the Exa API.