Munson v. Town of Derby
Supreme Court of Connecticut
Action on the statute concerning highways and bridges, to recover for damages sustained through a defect in the highway of the defendant town; brought to the Court of Common Pleas for New Haven county, and tried to the jury, on the general issue, before Bronson, J. The declaration contained two counts, the second of which was as follows :— That heretofore, to wit on the first day of March, 1869, there was existing in the town of Derby a certain highway running from the…
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Action on the statute concerning highways and bridges, to recover for damages sustained through a defect in the highway of the defendant town; brought to the Court of Common Pleas for New Haven county, and tried to the jury, on the general issue, before Bronson, J. The declaration contained two counts, the second of which was as follows :— That heretofore, to wit on the first day of March, 1869, there was existing in the town of Derby a certain highway running from the borough of Birmingham in said town, in a northerly direction, and known as the River Road, which said highway it -was the…
1Opinion of the Court
''Carpenter, J.
The plaintiff claimed that he sustained an injury in consequence of a defective highway in the town of Derby.
The circumstances were these. The Housatonic Water Power Company, by virtue of authority conferred upon it by *307its charter, changed a portion of a highway in the town about one-half mile in length, by making a new track or pathway near to, and nearly parallel with, the old track. This change was approved by the selectmen of the town. The Water Power Company opened a ditch about twenty feet deep completely across the bed or traveled part of the old highway. The old highway…
2Cases cited4 opinions
- Hewison v. City of New HavenSupreme Court of Connecticut · 1867
- City of Norwich v. BreedSupreme Court of Connecticut · 1862
- Dimock v. Town of SuffieldSupreme Court of Connecticut · 1861
- Thorp v. Town of BrookfieldSupreme Court of Connecticut · 1870
3Cited by7 opinions
- Ayer v. City of NorwichSupreme Court of Connecticut · 1872
- Bills v. Town of KaukaunaWisconsin Supreme Court · 1896
- Coakley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Budovsky v. HadhaziSupreme Court of Connecticut · 1920
- Lutton v. Town of VernonSupreme Court of Connecticut · 1892
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