Dunham v. City of New Britain
Supreme Court of Connecticut
Suit for an injunction to restrain the defendant city from enforcing a city ordinance; brought to the Superior Court in Hartford County, and heard before Stoddard, J. Facts found, and judgment rendered for the defendant. Appeal by the plaintiff.
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Suit for an injunction to restrain the defendant city from enforcing a city ordinance; brought to the Superior Court in Hartford County, and heard before Stoddard, J. Facts found, and judgment rendered for the defendant. Appeal by the plaintiff. The case is fully stated in the opinion. 1. The court below-erred in excluding the parol evidence offered by the plaintiff as to the agreement of the water commissioners of the borough that the Dunhams should have the right of keeping on the lake a reasonable number of boats, to be used by themselves and to be let for hire to others for sailing and…
1Opinion of the CourtLoomis, J.
The material facts found by the trial court in this case are in substance as follows: In 1857 the water commissioners of the then borough of New Britain, acting under an act of the legislature passed that 3'ear, purchased of the plaintiff, and of his father, Harvey Dunham, now deceased, and of some other parties, certain lands for the construction of a reservoir for supplying the borough with water for public and private purposes ; and sundry absolute warranty deeds were executed and delivered to the borougli of the lands so purchased, and possession was taken by the latter and a reservoir…
2Cases cited1 opinion
- Burnett v. CraigSupreme Court of Alabama · 1857
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- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- State v. HellerSupreme Court of Connecticut · 1937
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