Legal Opinion

City of Waterbury v. Platt Bros. & Co.

Supreme Court of Connecticut

Decided January 26, 1904PublishedCited by 14 opinions

Application for the appointment of a committee to determine what compensation should be paid to the defendant for loss or damage already sustained, and which might be sustained thereafter, by the riparian establishment of the defendant, by reason of the discharge of the plaintiff’s sewage into the Naugatuck River, brought to and tried by the Eon. Ralph Wheeler, a judge of the Superior Court, upon demurrer to the application.

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Application for the appointment of a committee to determine what compensation should be paid to the defendant for loss or damage already sustained, and which might be sustained thereafter, by the riparian establishment of the defendant, by reason of the discharge of the plaintiff’s sewage into the Naugatuck River, brought to and tried by the Eon. Ralph Wheeler, a judge of the Superior Court, upon demurrer to the application. The judge sustained the demurrer and dismissed the application, and the plaintiff appealed.

1Opinion of the CourtHamersley, J.

In 1884 the city of Waterbury, with permission of the legislature, constructed a system of sewers whereby the excreta and noxious refuse accumulated by its inhabitants were collected and, together with the surface drainage, discharged into the Naugatuck River.

In 1891 Platt Brothers and Company, owner of land and a manufacturing plant on the river below the city of Waterbury, brought an action against the city to the Superior Court, claiming an injunction against such use of the river and damages for the special injuries resulting therefrom. The court rendered judgment, awarding damages to the…

2Cases cited9 opinions

  1. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  2. Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
  3. Nolan v. City of New BritainSupreme Court of Connecticut · 1897
  4. New Milford Water Co. v. WatsonSupreme Court of Connecticut · 1902
  5. New York, New Haven & Hartford Railroad v. LongSupreme Court of Connecticut · 1897

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Town of Winchester v. CoxSupreme Court of Connecticut · 1942
  2. Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
  3. Northeastern Gas Transmission Co. v. CollinsSupreme Court of Connecticut · 1952
  4. Swanson v. BoschenSupreme Court of Connecticut · 1956
  5. Chicago, M. & St. P. R. v. MasonSouth Dakota Supreme Court · 1909

9 more not listed; retrieve them via the Exa API.

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