Smith v. Seitz
Supreme Court of Connecticut
Action to recover damages for the obstruction of an alleged right of way and of other rights and easements, and for an injunction, brought to the Superior Court in Fairfield County and tried to the jury before Burpee, J.; verdict and judgment for the defendants, and appeal by the plaintiffs. Error and new trial ordered nisi.
1Opinion of the CourtBeach, J.
The answer denies the allegations of the complaint, and by way of special defense and counterclaim avers a prior submission to arbitration and an award thereon, and claims damages for the refusal to abide by the award. Except as to the amount of the defendants’ damages, the case turns on a single point, namely, whether the court erred in charging the jury that the location of the right of way, etc., had been conclusively determined by submission and award before this action was begun.
All the evidence and rulings are made part of this record on appeal, and the following material facts are…
2Cases cited1 opinion
- Pond v. HarrisMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Rosenblatt v. BermanSupreme Court of Connecticut · 1955
- Norfolk & Western Railway Co. v. WhitehurstSupreme Court of Virginia · 1919
- Vail v. American Way Homes, Inc.Supreme Court of Connecticut · 1980
- Palmieri v. BulkleySupreme Court of Connecticut · 1950