Gallagher v. Dodge
Supreme Court of Connecticut
Civil Action, for an injunction, under Gen. Statutes, p. 477, sec. 4, against the malicious erection of a structure intended to injure the plaintiff in the use of his property; brought to the Superior Court in New Haven County, and tried before Sovey, J. The following facts were found by the court, and the finding made part of the record.
Read the full summary
Civil Action, for an injunction, under Gen. Statutes, p. 477, sec. 4, against the malicious erection of a structure intended to injure the plaintiff in the use of his property; brought to the Superior Court in New Haven County, and tried before Sovey, J. The following facts were found by the court, and the finding made part of the record. The plaintiff’s building, known as No. 267 Chapel street, in the city of New Haven, is situated on the north side of that street, and its front is on the line of the street. The first floor is occupied by a store, having a large window in front. The side…
1Opinion of the CourtLoomis, J.
This is a petition for an injunction under the statute (Gen. Statutes, p. 477, sec. 4,) which provides that “ an injunction may be granted against the malicious erection by an owner or lessee of land of any structure upon it intended to annoy and injure any proprietor of adjacent land in respect to his use or disposition of the same.”
The structure which it is sought to enjoin the defendants against erecting, is a show-case in front of their store and upon their own premises, but to' be so placed as to obstruct a side window in the plaintiff’s store, which store projects several feet beyond…
2Cases cited1 opinion
- Harbison v. WhiteSupreme Court of Connecticut · 1878
3Cited by12 opinions
- Karasek v. PeierWashington Supreme Court · 1900
- Obolensky v. TrombleySupreme Court of Vermont · 2015
- Horan v. ByrnesSupreme Court of New Hampshire · 1903
- Whitlock v. UhleSupreme Court of Connecticut · 1903
- Haehlen v. WilsonCalifornia Court of Appeal · 1936
7 more not listed; retrieve them via the Exa API.