Kostyal v. Cass

This is an action brought by the plaintiff Stephen Kostyal to recover damages from the defendant Norman Cass or, in the alternative, the defendant borough of Bantam, for the contamination of the water of his well alleged to have been caused by the leakage of oil from an aboveground oil tank located on the property of the defendant borough. The case was submitted to the jury on the substituted complaint that was allowed during the trial. The first count, directed solely against Cass, is in negligence; the second count is designed to impose liability on the borough under § 7-465 of the General…