City of New Haven v. Sargent
Supreme Court of Connecticut
Petition for an injunction to restrain the respondent from-excavating and removing earth from a highway in the city of New Haven; brought to the Court of Common Pleas in New Haven county, and reserved for the advice of this court.
Read the full summary
Petition for an injunction to restrain the respondent from-excavating and removing earth from a highway in the city of New Haven; brought to the Court of Common Pleas in New Haven county, and reserved for the advice of this court. On the 11th day of May, 1870, the city of New Haven laid out a new street, or highway, within the limits of the city, called Punderson street, about two thousand feet in length, of which about seven hundred feet was laid out over land of the respondent. The grade of that portion of the street laid out over the respondent’s land required to be reduced by removing the…
1Opinion of the Court
Butler, 0. J.
It is apparent in this case that the real ■ question is whether the city of New Haven has a right, as against an adjoining proprietor, to take soil from one street in the network of streets in one particular part of the city, and use it in another street of that network near, but not directly connected with, the street from which the soil is taken, *53for the purpose of making and grading such other street—such soil being reasonably necessary for that purpose. Whether,' in other words, the city has a legal and exclusive right, as against the respondent, to carry the soil from in…
2Cited by23 opinions
- Dawson v. Town of OrangeSupreme Court of Connecticut · 1905
- State v. BrownlowTexas Supreme Court · 2010
- Robert v. . SadlerNew York Court of Appeals · 1887
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
18 more not listed; retrieve them via the Exa API.