Raymond v. Fish
Supreme Court of Connecticut
Actios to recover damages for the removal of brush with oysters growing upon it, from Pequonock River, in the town of Groton; brought to the Superior Court in New London County. The defendants justified the acts complained of as done under an order of the board of health of the town, alleging that the brush was, and had been condemned as, a nuisance, and that they did nothing that it was not necessary to do to remove the nuisance.
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Actios to recover damages for the removal of brush with oysters growing upon it, from Pequonock River, in the town of Groton; brought to the Superior Court in New London County. The defendants justified the acts complained of as done under an order of the board of health of the town, alleging that the brush was, and had been condemned as, a nuisance, and that they did nothing that it was not necessary to do to remove the nuisance. The case was tried to the court, and the following facts found: It was proved that the plaintiff, at the time of the acts complained of, was the lawful proprietor…
1Opinion of the CourtPabk, C. J.
The question in this case turns upon the construction to be given to the first and second sections of the statute with regard to public health and safety, (Gen. Statutes, p. 258,) which provide as follows: — “ The justices of the peace and selectmen in each town shall constitute a board of health, and have all the power, necessary and proper for preserving the public health and preventing the spread of malignant diseases therein, and may appoint its president and such health officers or health committee as it may deem expedient, and delegate to them any of its powers; and tlie members present…
2Cases cited1 opinion
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- State v. MainSupreme Court of Connecticut · 1897
- Lowe v. ConroyWisconsin Supreme Court · 1904
- Scovill v. McMahonSupreme Court of Connecticut · 1892
- Phelps v. DawsonCourt of Appeals for the Eighth Circuit · 1938
- State v. OrrSupreme Court of Connecticut · 1896
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