Donnelly Brick Co. v. City of New Britain

The plaintiff’s cause of action is founded upon the pollution of Willow Brook, and upon the increase of the carrying capacity of the brook beyond its capacity, by the defendant city. The part of the appeal which is properly before us is from the denial of the motion to set aside the verdict and in certain instructions given the jury. We take up first the refusal of the trial court to set aside the verdict, with especial reference to the cause of action founded upon the pollution of Willow Brook. As we read the evidence we are of the opinion that .the jury must reasonably have found these…