City of Seymour v. Cummins

Olds, J. —

This action was commenced by John J. Cum*149mins, in his lifetime, and he died during the pendency of the action in the court below. His death was suggested, and Mary J. Cummins, administratrix of his estate, was substituted as plaintiff. It is an action for damages for the construction of an open ditch on the ways or streets on two sides of a residence property owned by the decedent within the city of Seymour. The complaint alleges the manner in which the ditch was constructed, by which the decedent’s real estate was depreciated in value, rendered uninhabitable, and the means of…