Rutkoski v. Zalaski
Supreme Court of Connecticut
Action against an adjoining landowner to recover damages for his alleged wrongful act in digging a trench along the boundary line and thereby depriving the fence posts, standing upon the plaintiff’s land, of lateral support and causing them, and the earth about them, to fall into such trench, and praying for an injunction to restrain the defendant from maintaining such trench or ditch,—’brought to and tried by the District Court of Waterbury, Beeves, J.; facts found and…
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Action against an adjoining landowner to recover damages for his alleged wrongful act in digging a trench along the boundary line and thereby depriving the fence posts, standing upon the plaintiff’s land, of lateral support and causing them, and the earth about them, to fall into such trench, and praying for an injunction to restrain the defendant from maintaining such trench or ditch,—’brought to and tried by the District Court of Waterbury, Beeves, J.; facts found and judgment rendered for the plaintiff for $10 damages and an injunction as prayed for, from which the defendant appealed.
1Opinion of the CourtRoraback, J.
The parties to this action are owners of adjoining village lots, with a dwelling-house upon each lot. Both lots are on the slope of a hill. The plaintiff’s lot, before it was graded, was lower than that of the defendant. The surface-water naturally flowed down from the hillside over and across the defendant’s lot and then on and across the rear of the lot of the plaintiff. In August, 1911, the plaintiff built a substantial wire fence upon his boundary line between these two lots. In the summer of 1913 the plaintiff so graded his lot that the surface-water before referred to could not pass…
2Cases cited8 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Trowbridge v. TrueSupreme Court of Connecticut · 1884
- Dunbar v. JonesSupreme Court of Connecticut · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sisters of St. Joseph Corp. v. Atlas Sand, Gravel & Stone Co.Supreme Court of Connecticut · 1935
- Tide Water Oil Sales Corporation v. ShimelmanSupreme Court of Connecticut · 1932
- Vennard v. MorrisonConnecticut Appellate Court · 1964
- Larmel v. Metro North Commuter Railroad Co.Supreme Court of Connecticut · 2021
- City of Stamford v. KovacSupreme Court of Connecticut · 1993
3 more not listed; retrieve them via the Exa API.