Mallory v. Town of Huntington
Supreme Court of Connecticut
Action to recover damages for the neglect and refusal of the defendant to pay the plaintiff the sum awarded him by arbitrators, upon his claim for special damages sustained by a change of grade of a highway in the defendant town; brought to the Superior Court in Fairfield County, and tried to the court, Ralph Wheeler, J., upon defendant’s demurrer to the complaint; the demurrer was sustained, and judgment rendered for defendant, and the plaintiff appealed.
1Opinion of the CourtHamersley, J.
The town of Huntington changed the grade of a public highway situated within the town, and by reason of such change of grade the plaintiff, who was the owner of the land adjoining the highway, sustained special damage to his property. Under the provisions of § 2703 of the General Statutes the town became liable to pay the plaintiff the amount of such special damage.
The selectmen of the town and the plaintiff were unable to agree upon the amount of damages due, and submitted to arbitrators the difference between the town and the plaintiff as to such amount. The arbitrators made an award…
2Cases cited7 opinions
- Town of Union v. CrawfordSupreme Court of Connecticut · 1848
- Hutchins v. JohnsonSupreme Court of Connecticut · 1837
- Hine v. StephensSupreme Court of Connecticut · 1866
- Town of Plainfield v. PackerSupreme Court of Connecticut · 1836
- Inhabitants of Griswold v. Inhabitants of North-StoningtonSupreme Court of Connecticut · 1824
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3Cited by8 opinions
- Norwalk Teachers' Ass'n v. Board of EducationSupreme Court of Connecticut · 1951
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- Keeney v. Town of Old SaybrookSupreme Court of Connecticut · 1996
- City of Hartford v. American Arbitration Ass'nSupreme Court of Connecticut · 1978
- Local 63, Textile Workers Union of America v. Cheney Bros.Supreme Court of Connecticut · 1954
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