Fellowes v. City of New Haven
Supreme Court of Connecticut
Petition for an injunction, to restrain the respondent city from injuring the land of the petitioner by making excavations and fillings in working a public street upon which the land abutted; brought to the Superior Court in New Haven County. . A temporary injunction was granted at the time the suit was brought. The following facts were found by the court: The petitioner owns and occupies the land described in his petition.
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Petition for an injunction, to restrain the respondent city from injuring the land of the petitioner by making excavations and fillings in working a public street upon which the land abutted; brought to the Superior Court in New Haven County. . A temporary injunction was granted at the time the suit was brought. The following facts were found by the court: The petitioner owns and occupies the land described in his petition. It is situated on Humphrey street, within the city of New Haven. The city, claiming the right so to do under the provisions of its charter and by-laws, has excavated in…
1Opinion of the CourtCarpenter, J.
There is in the city of New Haven a public highway called Humphrey street. The city authorities in grading this street and fitting it for public travel propose to excavate in some places to the depth of eight feet, and in others to raise the bed of the road some eight feet above the adjoining ground. In consequence of such grading the petitioner’s land, which is described in the petition, and which bounds on the street, will in the one case cave and fall into the street, and in the other will be covered to some extent with the earth and gravel used in filling and raising the street. This can…
2Cases cited2 opinions
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1843
3Cited by15 opinions
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
- McGar v. Borough of BristolSupreme Court of Connecticut · 1899
- Whitney v. City of New HavenSupreme Court of Connecticut · 1890
- Munson v. MacDonald, Highway CommissionerSupreme Court of Connecticut · 1931
- Lefebvre v. CoxSupreme Court of Connecticut · 1942
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