Marchitto v. Town of West Haven

In this case, two plaintiffs sought damages for the burning of property by a fire which spread out of control from a public dump operated by the defendant. Recovery was sought on the ground of nuisance and also under § 52-559 of the General Statutes, which provides that “[a]ny person who sets fire on any land, that runs upon the land of any other person, shall pay to the owner all damages done by such fire.” The court concluded that the dump was a nuisance and that the defendant was also liable under the statute. It awarded damages to both plaintiffs on both grounds. The defendant has…