Mootry v. Town of Danbury
Supreme Court of Connecticut
Action on the case against tlie defendant town, for constructing a bridge and road in sucli a manner as to set the water of a stream back upon the land of the plaintiffs; brought to the Court of Common Pleas of the county of Fairfield.
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Action on the case against tlie defendant town, for constructing a bridge and road in sucli a manner as to set the water of a stream back upon the land of the plaintiffs; brought to the Court of Common Pleas of the county of Fairfield. The principal allegations of the declaration were as follows: that on the first day of May, 1871, the plaintiffs were, and eTer since have been, the lawful owners and possessors of a certain tract of land situated on the south side of West street, in the town of Danbury, containing about one acre of land, with two dwelling-houses and other buildings standing…
1Opinion of the CourtCarpenter, J.
This case stands upon a general demurrer to the declaration. The first count alleges that it is the duty *555of the town to build, keep, and maintain a bridge over and across a stream of water on a highway; that it did construct and build the same below the plaintiffs’ land very much narrower than the bed of the stream and wholly insufficient for the flow of water, and raised the road bed across the stream in such a manner as to obstruct the flow of water and to dam up the same, and cause it to flow back upon the plaintiffs’ land, thereby doing damage, etc.
There is no allegation in terms of…
2Cases cited4 opinions
- Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
- Danbury & Norwalk Railroad v. Town of NorwalkSupreme Court of Connecticut · 1870
- Judge v. City of MeridenSupreme Court of Connecticut · 1871
- Young v. City of New HavenSupreme Court of Connecticut · 1872
3Cited by27 opinions
- Hoffman v. City of BristolSupreme Court of Connecticut · 1931
- Bacon v. Town of Rocky HillSupreme Court of Connecticut · 1940
- Hoyt v. City of DanburySupreme Court of Connecticut · 1897
- Kostyal v. CassSupreme Court of Connecticut · 1972
- Cyr v. Town of BrookfieldSupreme Court of Connecticut · 1965
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