East Hartford Fire District v. Glastonbury Power Co.
Supreme Court of Connecticut
Application for the appointment of a committee to assess just damages to the defendants for the proposed taking of the waters of Cold Brook in the town of Glastonbury in order to increase the plaintiff’s water-supply, brought to and tried by the Superior Court in Hartford County, Gager, J., upon a demurrer to the answer of the Glastonbury Power Company; the court sustained the demurrer and subsequently appointed a committee as prayed for, and from this judgment the…
Read the full summary
Application for the appointment of a committee to assess just damages to the defendants for the proposed taking of the waters of Cold Brook in the town of Glastonbury in order to increase the plaintiff’s water-supply, brought to and tried by the Superior Court in Hartford County, Gager, J., upon a demurrer to the answer of the Glastonbury Power Company; the court sustained the demurrer and subsequently appointed a committee as prayed for, and from this judgment the Glastonbury Power Company appealed. The petitioner is a municipal corporation whose charter as amended in 1901 gave it general…
1Opinion of the CourtBeach, J.
The respondent claims that in 1905 it was specially authorized by its charter (14 Special Laws, p. 1090) to appropriate the waters of Roaring Brook and its tributaries; that this special grant modified pro tanto the prior general grant of authority to the petitioner to take water from any brook in the town of Glastonbury; that by acquiring the property and making the preparations alleged in its answer it had already appropriated these waters to a public use before this petition was brought; and that the petitioner cannot now take them for an inconsistent public use in the absence of any…
2Cases cited4 opinions
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Evergreen Cemetery Ass'n v. City of New HavenSupreme Court of Connecticut · 1875
- Starr Burying Ground Asso. v. North Lane Cemetery Asso.Supreme Court of Connecticut · 1904
- New Haven Water Co. v. Borough of WallingfordSupreme Court of Connecticut · 1899
3Cited by7 opinions
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
- East Bay Municipal Utility District v. City of LodiCalifornia Court of Appeal · 1932
- Connolly v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1955
- Canzonetti v. City of New BritainSupreme Court of Connecticut · 1960
- City of New Haven v. Town of East HavenConnecticut Superior Court · 1977
2 more not listed; retrieve them via the Exa API.