Borough of Norwalk v. Blanchard
Supreme Court of Connecticut
Application of the plaintiff borough and proceedings under it for the appointment of a committee to assess damages for the taking of water from a stream for the use of the borough; in the Superior Court in Fairfield County. Damages assessed in favor of the defendant, remonstrance of the borough against the acceptance of the committee’s report, remonstrance overruled (Beardsley, J.,) and judgment rendered for the defendants to recover the damages assessed.
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Application of the plaintiff borough and proceedings under it for the appointment of a committee to assess damages for the taking of water from a stream for the use of the borough; in the Superior Court in Fairfield County. Damages assessed in favor of the defendant, remonstrance of the borough against the acceptance of the committee’s report, remonstrance overruled (Beardsley, J.,) and judgment rendered for the defendants to recover the damages assessed. Appeal by the plaintiff. The ease is fully stated in the opinion.
1Opinion of the CourtCarpenter, J.
An act of the legislature, passed in 1870, authorized the board of water commissioners for the borough of Norwalk to take the water of Silver Mine River for the purpose of supplying the borough with water. The water was taken in 1872. The defendants then were and noware the owners of property on the stream which has been and still continues to be damaged by the diversion of the water.
The act provides that “ said borough shall be liable to pay all the damages that shall be sustained by any person, persons or corporation, by the taking of any land or estate as aforesaid, or by the construction…
2Cases cited1 opinion
- Harris v. Towns of Woodstock, Pomfret & EastfordSupreme Court of Connecticut · 1858
3Cited by5 opinions
- New Milford Water Co. v. WatsonSupreme Court of Connecticut · 1902
- Norwich Gas & Electric Co. v. City of NorwichSupreme Court of Connecticut · 1904
- Peck v. PierceSupreme Court of Connecticut · 1893
- Cunningham v. CunninghamSupreme Court of Connecticut · 1902
- Vincent v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1904