Legal Opinion

Phillips v. City of Stamford

Supreme Court of Connecticut

Decided December 18, 1908PublishedCited by 25 opinions

Action in the nature of trespass qu. cl. fr., brought to and tried by the Court of Common Pleas in Fairfield County, Scott, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. Moses Rogers died in 1824, possessed of a large tract of land comprising Shippan Point in Stamford, and distant about two miles from the center of the present city of Stamford.

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Action in the nature of trespass qu. cl. fr., brought to and tried by the Court of Common Pleas in Fairfield County, Scott, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. Moses Rogers died in 1824, possessed of a large tract of land comprising Shippan Point in Stamford, and distant about two miles from the center of the present city of Stamford. This Point extends out into Long Island Sound, and is bordered by the waters of the Sound and Stamford harbor on every side except the northerly end. This tract Rogers, by his will, placed in the hands of…

1Opinion of the CourtPrentice, J.

This record presents only one general question which calls for consideration. The remaining questions are subsidiary to it. The plaintiff charges the defendant with having committed a trespass upon a strip of land 50 feet wide and about 200 feet long, extending from a highway to high-water mark of Stamford harbor. The defendant sets up in justification of its acts, that the locus was a public highway as the result of its dedication to highway uses by its owner and the acceptance by the public of it for the purposes for which it was dedicated. It is conceded that if the land was a highway, the…

2Cases cited7 opinions

  1. County of Wayne v. MillerMichigan Supreme Court · 1875
  2. Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
  3. Green v. Town of CanaanSupreme Court of Connecticut · 1860
  4. Guthrie v. Town of New HavenSupreme Court of Connecticut · 1863
  5. Hall v. City of MeridenSupreme Court of Connecticut · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Doyle v. City of ChattanoogaTennessee Supreme Court · 1913
  2. Borough of Fenwick v. Town of Old SaybrookSupreme Court of Connecticut · 1946
  3. Katz v. Town of West HartfordSupreme Court of Connecticut · 1983
  4. Anderson v. BirkelandSupreme Court of Minnesota · 1949
  5. Easton v. KochSuperior Court of Pennsylvania · 1943

20 more not listed; retrieve them via the Exa API.

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