Healey v. City of New Haven
Supreme Court of Connecticut
Civil actioh, to recover damages for the alteration of the ■grade of a city street; brought to the Superior Court and tried to the court, upon a general denial, before Hovey, J. Judgment for the defendant, and motion for a new trial by the plaintiff. The case is sufficiently stated in the opinion.
1Opinion of the CourtCarpenter, J.
The plaintiff claims to have suffered damage in consequence of a change in the grade of the street on which his property is situated. The law of this state is so that he has no remedy unless the peculiar circumstances of the case make it an exception to the rule.
The case shows that the common council in August, 1874, ordered the change of grade; pursuant to which order the board of road commissioners soon after established the grade. In March following the plaintiff petitioned the common council to annul the order; and on that petition the case was opened for a re-hearing before the road…
2Cases cited3 opinions
- City of Elgin v. EatonIllinois Supreme Court · 1876
- Adams v. WaySupreme Court of Connecticut · 1864
- Healey v. City of New HavenSupreme Court of Connecticut · 1879
3Cited by7 opinions
- Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
- Platt v. Town of MilfordSupreme Court of Connecticut · 1895
- McGowan v. Town of MilfordSupreme Court of Connecticut · 1926
- City of Topeka v. SellsSupreme Court of Kansas · 1892
- Connecticut Light & Power Co. v. McCarthySupreme Court of Connecticut · 1920
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