Taylor v. Keeler
Supreme Court of Connecticut
Trespass ok the case for damage for wrongfully setting back the water of a stream ; brought to the Superior Court. A former judgment in the case for the plaintiff having been reversed by this court, (50 Conn. R., 346,) and the case remanded, the plaintiff moved to be allowed to amend his declaration by filing new counts, and also claimed a new trial upon the facts, although a finding of the facts had been made upon the former trial.
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Trespass ok the case for damage for wrongfully setting back the water of a stream ; brought to the Superior Court. A former judgment in the case for the plaintiff having been reversed by this court, (50 Conn. R., 346,) and the case remanded, the plaintiff moved to be allowed to amend his declaration by filing new counts, and also claimed a new trial upon the facts, although a finding of the facts had been made upon the former trial. The court (Culver, 71,) disallowed the amendments and refused a new trial of the facts, and judgment was rendered for the defendant. The plaintiff appealed.
1Opinion of the CourtCarpenter, J.
This case was tried in the Superior Court, the facts found, and judgment rendered for the plaintiff. The court found that the plaintiff’s land was damaged and that his mill was not damaged. On a motion in error the judgment was reversed, on the ground that the plaintiff in his declaration had limited the damages for which he might recover to the injury done to the mill. 50 Conn. R., 346. After the case was remanded the plaintiff moved to amend his declaration by adding thereto several new counts. On objection by the defendant the court refused to allow the amendment; and, on motion of the…
2Cases cited2 opinions
- Zaleski v. ClarkSupreme Court of Connecticut · 1877
- McAlister v. ClarkSupreme Court of Connecticut · 1866
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