Rowe v. Smith
Supreme Court of Connecticut
Trespass for entering upon grounds in the possession of the plaintiff as an oyster bed and taking and carrying away oysters; brought originally before a justice of the peace and, by the defendant’s appeal, to the Court of Common Pleas of New Haven County, and in that court tried to the jury before Oowell, J. Yerdict for the plaintiff and motion for a new trial by the defendants.
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Trespass for entering upon grounds in the possession of the plaintiff as an oyster bed and taking and carrying away oysters; brought originally before a justice of the peace and, by the defendant’s appeal, to the Court of Common Pleas of New Haven County, and in that court tried to the jury before Oowell, J. Yerdict for the plaintiff and motion for a new trial by the defendants. It will be difficult to make the facts of the case clearly understood without a map, but it is believed that the principles of law decided by the court will be readily understood from such a statement of the facts as…
1Opinion of the CourtPardee, J.
In 1875 the town of New Haven by virtue of Gen. Statutes, page 214, section two, had power to appoint a committee which could designate suitable places for planting or cultivating oysters in the navigable waters within the limits of the town. At the same time the selectmen of the town of East Haven had exclusive authority to designate for the like use the navigable waters included within a boundary line commencing upon the line of division in East Haven River between East Haven and Branford, opposite low water mark, and extending thence southerly along the line of division between the…
2Cited by10 opinions
- Rochester v. BarneySupreme Court of Connecticut · 1933
- Delinks v. William McGowanSupreme Court of Connecticut · 1961
- Water Street Associates Ltd. Partnership v. Innopak Plastics Corp.Supreme Court of Connecticut · 1994
- Brower v. WakemanSupreme Court of Connecticut · 1914
- Elphick v. HoffmanSupreme Court of Connecticut · 1881
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