House v. Metcalf
Supreme Court of Connecticut
Action on the case for damage from a nuisance. The declaration alleged that the defendant, on the 21st day of March, 1857, was possessed and in the actual occupation and use of a certain grist mill, in the town of Lebanon, erected within the inclosed limits of a certain highway and within twenty feet of the traveled path, which was operated by a large overshot water wheel, uninclosed and uncovered, which when in motion was calculated to frighten horses ; that the mill and…
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Action on the case for damage from a nuisance. The declaration alleged that the defendant, on the 21st day of March, 1857, was possessed and in the actual occupation and use of a certain grist mill, in the town of Lebanon, erected within the inclosed limits of a certain highway and within twenty feet of the traveled path, which was operated by a large overshot water wheel, uninclosed and uncovered, which when in motion was calculated to frighten horses ; that the mill and wheel were, and ever since they had been erected had been, a public nuisance; and that, on said 21st day of March, the…
1Opinion of the CourtSanford, J.
1. The defendant claims that the testimony of Arabella Cobb, to prove that the same wheel which frightened the plaintiff’s horse also frightened hers, ought not to have been received.
We think it.was properly admitted. The plaintiff’s claim was, that the wheel in motion was an object naturally calculated to frighten horses traveling on the public road, and was, therefore, a public nuisance. And we think he had a right, not only to show the facts regarding its size, form, location, exposure to view, and mode of operation, from which the jury might infer what effects it- would naturally,…
2Cited by63 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Swords v. . EdgarNew York Court of Appeals · 1874
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Purcell v. EnglishIndiana Supreme Court · 1882
- Hewison v. City of New HavenSupreme Court of Connecticut · 1867
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