Legal Opinion

Hurlbut v. McKone

Supreme Court of Connecticut

Decided February 4, 1887PublishedCited by 23 opinions

Suit for an injunction against the continuance of a nuisance and for damages; brought to the Superior Court in Hartford County.

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Suit for an injunction against the continuance of a nuisance and for damages; brought to the Superior Court in Hartford County. The complaint alleged the plaintiff’s ownership of a house and lot on Governor street, in the city of Hartford, and his occupancy thereof as a residence; and that the defendants, in May, 1884, owned and possessed a lot of land on Sheldon street, adjoining the plaintiff’s lot,' and erected thereon a wooden building, some sixty by thirty feet and two stories high, within a few inches of the plaintiff’s lot, one end of which is about twenty feet from the plaintiff’s…

1Opinion of the CourtLoomis, J.

This is a complaint for an injunction, and for the recovery of damages on account of an alleged nuisance erected and continued by the defendants on their own land, adjacent to the plaintiff’s dwelling house.

The trial court found the issue for the plaintiff and assessed his damages at one thousand dollars; but, pending the suit, there was such a change made by the defendants in the mode of operating their works as to render the preventive remedy asked for unnecessary, and therefore the injunction was denied.

The eight errors assigned may, for the purposes of this review, be reduced to two,…

2Cases cited3 opinions

  1. Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
  2. Grady v. WolsnerSupreme Court of Alabama · 1871
  3. Kauffman v. FisherSupreme Court of Pennsylvania · 1860

3Cited by23 opinions

  1. Holman v. Athens Empire Laundry Co.Supreme Court of Georgia · 1919
  2. Nailor v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1933
  3. Nicholson v. Connecticut Half-Way House, Inc.Supreme Court of Connecticut · 1966
  4. Town of West Hartford v. TalcottSupreme Court of Connecticut · 1951
  5. Cumberland Corp. v. MetropoulosMassachusetts Supreme Judicial Court · 1922

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