Martin v. Town of West Hartford
Supreme Court of Connecticut
Appeal by the plaintiffs from an assessment of benefits and damages for the layout of a highway, taken to and tried by the Superior Court in Hartford County, Curtis, J.; facts found and judgment rendered confirming the action complained of, from which the plaintiffs appealed. The plaintiffs are the executors of the will of Patrick Martin, deceased.
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Appeal by the plaintiffs from an assessment of benefits and damages for the layout of a highway, taken to and tried by the Superior Court in Hartford County, Curtis, J.; facts found and judgment rendered confirming the action complained of, from which the plaintiffs appealed. The plaintiffs are the executors of the will of Patrick Martin, deceased. Martin’s estate was the owner of a considerable tract of land located in the suburbs of Hartford, and in the immediate vicinity of property which had been developed for use as building lots. The Martin tract had not been so developed, and was…
1Opinion of the CourtPrentice, C. J.
The true measure of the special damages arising from the defendant’s taking which the plaintiffs were entitled to have appraised in favor of the estate, was the difference between the market-value of the whole tract as it lay before the taking, and the market-value of what remained of it thereafter and after the completion of the public improvement. Gaylord v. Bridgeport, 90 Conn. 235, 239, 96 Atl. 936; Cook v. Ansonia, 66 Conn. 413, 431, 34 Atl. 183. Instead of pursuing this line of inquiry and proof, the plaintiffs proceeded upon the double unsupported assumption that the appraisal appealed…
2Cases cited2 opinions
- Cook v. City of AnsoniaSupreme Court of Connecticut · 1895
- Gaylord v. City of BridgeportSupreme Court of Connecticut · 1916
3Cited by9 opinions
- Stock v. CoxSupreme Court of Connecticut · 1939
- Appeal of PhillipsSupreme Court of Connecticut · 1931
- Munson v. MacDonald, Highway CommissionerSupreme Court of Connecticut · 1931
- G. F. Heublein, Inc. v. Board of Street CommissionersSupreme Court of Connecticut · 1929
- Young v. Town of West HartfordSupreme Court of Connecticut · 1930
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