Town of Burlington v. Schwarzman
Supreme Court of Connecticut
Suit for an injunction against the obstruction of a highway ; brought to the Court of Common Pleas for Hartford County, and heard before Calhoun, J. Facts found and injunction granted. Appeal by the defendants. The case is sufficiently stated in the opinion.
1Opinion of the CourtLoomis, J.
This is an appeal from a judgment of the Court of Common Pleas restraining the defendant, by injunction, from fencing in and obstructing a public highway.
The first ground of appeal is, that the town is not the proper party plaintiff. It is contended that highways are mere public easements which belong to the general rather than the local public, and, therefore, that the town, as such, has no interest sufficient to maintain the suit. The defendant fortifies this position by the following citation from High on Injunctions, § 756: “The simplest and most generally accepted test in determining…
2Cases cited3 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Town of Derby v. AllingSupreme Court of Connecticut · 1873
- Neville v. FrarySupreme Court of Connecticut · 1914
3Cited by19 opinions
- Dawson v. Town of OrangeSupreme Court of Connecticut · 1905
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Sisters of St. Joseph Corp. v. Atlas Sand, Gravel & Stone Co.Supreme Court of Connecticut · 1935
- Anderson v. BennettOregon Supreme Court · 1888
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
14 more not listed; retrieve them via the Exa API.