Fisk v. City of Hartford
Supreme Court of Connecticut
Shit for an injunction to restrain the defendant from diverting the waters of Park river and its tributaries until the damages accruing to the plaintiffs from such diversion had been ascertained and. paid, brought to the Superior Court in Hartford County and reserved by that court, Shumway, J., upon the defendant’s demurrer to the complaint, for the consideration and advice of this court. In one aspect of it this case has already been before this court.
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Shit for an injunction to restrain the defendant from diverting the waters of Park river and its tributaries until the damages accruing to the plaintiffs from such diversion had been ascertained and. paid, brought to the Superior Court in Hartford County and reserved by that court, Shumway, J., upon the defendant’s demurrer to the complaint, for the consideration and advice of this court. In one aspect of it this case has already been before this court. Fish v. Hartford, 69 Conn. 375. After the decision in that case the plaintiffs filed in the Superior Court a substitute complaint which, as…
1Opinion of the CourtTokbahce, J.
The principal question upon this reservation is not whether, upon the facts alleged, the plaintiffs are entitled to any remedy, nor if so to what remedy, but it is whether they are entitled to the specific remedy by way of injunction claimed by them.
The defendant under its second, third and seventh causes of demurrer contends, in substance, that this court has already decided this question against the plaintiffs in the case of Fisk v. Hartford, 69 Conn. 375. In support of this contention it is claimed that the present complaint is substantially the same as the original complaint; that it sets…
2Cases cited3 opinions
- City of Logansport v. UhlIndiana Supreme Court · 1885
- Hawley v. BeardsleySupreme Court of Connecticut · 1880
- Fisk v. City of HartfordSupreme Court of Connecticut · 1897
3Cited by17 opinions
- Moore v. SerafinSupreme Court of Connecticut · 1972
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Holt v. WissingerSupreme Court of Connecticut · 1958
- Hammerberg v. LeinertSupreme Court of Connecticut · 1946
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