City of New Britain v. Sargent
Supreme Court of Connecticut
Assessment of damages to the respondents for the taking of a stream of water by the city of New Britain for public purposes, and a remonstrance by the respondents against the acceptance of the report of the assessing committee; before Judge Pardee of the Superior Court. Facts found on the remonstrance, remonstrance overruled and report accepted, and motion in error by respondents. The case is sufficiently stated in the opinion.
1Opinion of the CourtFoster, J.
The remonstrants in this case rest their claim to damages on two grounds:—
1. The loss of the right to flow land of an up-stream proprietor; and,
2. The loss of the use of the water as it was accustomed to run.
These damages grow out of the action of the city of New Britain in diverting and appropriating a- certain stream of water, flowing into and through said city. The action of the city in the premises was by virtue of an amendment to the •city charter, passed by the General Assembly, May session,. 1872, authorizing the diversion of said stream, and providing for the assessment of the damages…
2Cited by1 opinion
- Watson v. New Milford Water Co.Supreme Court of Connecticut · 1899