Legal Opinion

Morgan v. City of Danbury

Supreme Court of Connecticut

Decided April 15, 1896PublishedCited by 16 opinions

Suit for an injunction to restrain the pollution of a certain stream of water known as Still River, and injury to a mill privilege by the discharge of sewage, brought to the Superior Court in Fairfield County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court, and in its injunction decree.

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Suit for an injunction to restrain the pollution of a certain stream of water known as Still River, and injury to a mill privilege by the discharge of sewage, brought to the Superior Court in Fairfield County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court, and in its injunction decree. The complaint alleged that the plaintiff was a riparian proprietor and had the right to have the stream flow through his land uncontaminated and uncorrupted by any injurious or noxious…

1Opinion of the CourtBaldwin, J.

The defendant complains that the injunction granted by the Superior Court goes beyond the claim for relief in the complaint, because it forbids both the dis*493charge of sewage into Still River, and also the pollution of the river by any such discharge.

The complaint alleged that the city was discharging waste matter, sewage, and other noxious, corrupt, and impure substances, from its sewers, so as to pollute the river, and to cause much of such discharges to be deposited on the plaintiff’s land and mill privilege; and that thereby he had been largely deprived of the use of a valuable mill and…

2Cases cited3 opinions

  1. Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
  2. Chipman v. . PalmerNew York Court of Appeals · 1879
  3. Scott v. RandMassachusetts Supreme Judicial Court · 1875

3Cited by16 opinions

  1. Hillman v. Town of GreenwichSupreme Court of Connecticut · 1991
  2. Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
  3. Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
  4. Attorney General ex rel. Township of Wyoming v. City of Grand RapidsMichigan Supreme Court · 1913
  5. Wilkinsburg Boro. v. School DistrictSupreme Court of Pennsylvania · 1929

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