Clinton v. Howard
Supreme Court of Connecticut
Tbespass on the case for an injury from a nuisance placed by the defendants in a public highway; brought to the Court of Common Pleas of New Haven County.
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Tbespass on the case for an injury from a nuisance placed by the defendants in a public highway; brought to the Court of Common Pleas of New Haven County. The declaration alleged that on the 2d day of September, 1874, the plaintiff was driving a horse and wagon along a certain highway in the town of East Haven, leading from East Haven to North Haven, in the vicinity of the residence of Daniel Hemingway, and that his horse was perfectly gentle, and had previously been gentle, and free from the vice of shying and running away. That on or about the first day of September, 1874, the defendants…
1Opinion of the CourtPakdee, J.
The defendants move in arrest of judgment for insufficiencies in the declaration upon three points: namely, that -it does not state facts which in law constitute a nuisance; that it does not show that the plaintiff has suffered special injuries; and that it does not appear from the declaration that the special injui’ies alleged are the proximate result of the particular nuisance complained of.
The pleader alleges in the declaration that on a day named the plaintiff was driving his horse harnessed to a wagon along a certain highway; that the horse was perfectly gentle and had previously been…
2Cases cited4 opinions
- Porter v. Pequonnoc Manufacturing Co.Supreme Court of Connecticut · 1845
- Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
- Dimock v. Town of SuffieldSupreme Court of Connecticut · 1861
- Ayer v. City of NorwichSupreme Court of Connecticut · 1872
3Cited by19 opinions
- Sydleman v. BeckwithSupreme Court of Connecticut · 1875
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
- Swain v. TillettSupreme Court of North Carolina · 1967
- Bennett v. MeehanIndiana Supreme Court · 1882
- MacLaren v. BishopSupreme Court of Connecticut · 1931
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