Federal Trust Co. v. East Hartford Fire Dist.

(after stating the facts as above). Plaintiff certainly had an interest in the lands condemned, and its action is for damages to that interest. It rests on the alleged unlawful act of defendant in failing to give notice or opportunity to assert its right to the plaintiff pursuant to the statute. The judgment below is in effect a holding thqt under the allegations made it is impossible, on benevolent reading of the complaint, to discover any recoverable damage.

Yet it is equally plain that, if defendant was bound by the provisions of Gen. Stat. § 5192, it failed in a duty imposed by law, and…