Diamond Match Co. v. Town of New Haven
Supreme Court of Connecticut
Action for obstructing the flow of a stream by means of which the water was set back upon and injured the properly of the plaintiffs; brought to the Superior Court in New Haven County and tried to the court before Stoddard, J. The following facts were found by the court.
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Action for obstructing the flow of a stream by means of which the water was set back upon and injured the properly of the plaintiffs; brought to the Superior Court in New Haven County and tried to the court before Stoddard, J. The following facts were found by the court. A special act passed by the General Assembly in the year 1881 with regard to drainage in the town of New Haven, provided as follows-: “The town of New Haven, acting by and through the board of selectmen thereof, is authorized and empowered, within the limits of said town, to take, acquire, appropriate and hold, for the…
1Opinion of the CourtPark, C. J.
In the year 1881 the selectmen of the town of New Haven straightened and deepened the channel of West River, which flowed through the western part of the town and emptied into the harbor. The course of the river was winding and its width varied from five hundred feet in some places to fifteen hundred in others. It ran through low meadow lands, covering them to a considerable extent, and became thus a source of malarial disease. Complaint was made of its injury to the public health, and the purpose of the selectmen in straightening and deepening the channel of the river was to confine it to…
2Cases cited1 opinion
- State v. Ousatonic Water Co.Supreme Court of Connecticut · 1884
3Cited by8 opinions
- Jacoby v. City of GilletteWyoming Supreme Court · 1946
- Spitzer v. City of WaterburySupreme Court of Connecticut · 1931
- Judd v. City of HartfordSupreme Court of Connecticut · 1899
- Lewis v. City of TulsaSupreme Court of Oklahoma · 1936
- Martin v. City of GreensboroSupreme Court of North Carolina · 1927
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