Shea v. Gavitt
Supreme Court of Connecticut
Action to recover damages for injury to the brick wall of the plaintiff’s building caused by the discharge upon and against it of the rain-fall from the roof of the defendant’s adjoining building, brought to and tried by the Superior Court in New London County, Shumway, J.; facts found and judgment rendered for the plaintiff for $200, and appeal by the defendant. In this court the appellee filed a plea in abatement to the appeal, to which the appellant demurred.
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Action to recover damages for injury to the brick wall of the plaintiff’s building caused by the discharge upon and against it of the rain-fall from the roof of the defendant’s adjoining building, brought to and tried by the Superior Court in New London County, Shumway, J.; facts found and judgment rendered for the plaintiff for $200, and appeal by the defendant. In this court the appellee filed a plea in abatement to the appeal, to which the appellant demurred. The complaint alleges that the defendant has for several years maintained a certain building whose roof is so constructed as to cast…
1Opinion of the CourtBeach, J.
The judgment for the plaintiff necessarily involves an adjudication in plaintiff’s favor on the issue of title, and that he was within his rights in building the side wall of the addition to his building in the manner described in the finding. It was claimed on argument that certain findings of subordinate facts were inconsistent with this adjudication. This question is not properly brought before us by a specific assignment of error, but we are satisfied that the findings are consistent with the judgment. The court finds that the boundary line between the plaintiff’s and defendant’s lands,…
2Cases cited13 opinions
- Adams v. WalkerSupreme Court of Connecticut · 1867
- Bradley's Fish Co. v. DudleySupreme Court of Connecticut · 1870
- Stein v. ColemanSupreme Court of Connecticut · 1901
- Huber v. StarkWisconsin Supreme Court · 1905
- Chadeayne v. RobinsonSupreme Court of Connecticut · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wadsworth Realty Co. v. SundbergSupreme Court of Connecticut · 1973
- Horowitz v. F. E. Spencer Co.Supreme Court of Connecticut · 1945
- Swenson v. DittnerSupreme Court of Connecticut · 1981
- Padula v. PadulaSupreme Court of Connecticut · 1951
- Phillips v. BonadiesSupreme Court of Connecticut · 1927
13 more not listed; retrieve them via the Exa API.