Simonds v. Shields
Supreme Court of Connecticut
Action in the nature of trespass qu. él. fr. for damages and for an injunction, brought to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff for $1 damages, and appeal by the defendants for alleged errors in the rulings and charge of the court.
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Action in the nature of trespass qu. él. fr. for damages and for an injunction, brought to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff for $1 damages, and appeal by the defendants for alleged errors in the rulings and charge of the court. The finding shows that the plaintiff and defendants own adjoining lands, the plaintiff's lying south of the defendants’; that the Clarendon house owned by the plaintiff is a four story brick building, the face of the north wall of which is the divisional line between his land and…
1Opinion of the CourtHall, J.
The purpose of this action was to test the alleged right of the defendants to insert into the plaintiff’s brick wall, the north face of which marks the divisional line between said parties, timbers for the support of a building erected upon the defendants’ land in the city of Norwich. As the facts alleged in the complaint were not disputed, a general denial was improperly pleaded.
By the answer and reply the parties evidently intended to raise the question whether the acts of the defendants were within the rights granted by the deed of Dr. Hooker to the Hempsteads. Defendants’ counsel, by…
2Cases cited4 opinions
- Alsop v. NicholsSupreme Court of Connecticut · 1832
- Magoohan v. CurranSupreme Court of Connecticut · 1899
- Goodwin v. HamersleySupreme Court of Connecticut · 1897
- Auffmordt v. StevensSupreme Court of Connecticut · 1878
3Cited by3 opinions
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- R. A. Sherman's Sons Co. v. Industrial & Manufacturing Co.Supreme Court of Connecticut · 1909
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