Legal Opinion

Watson v. Town of New Milford

Supreme Court of Connecticut

Decided January 19, 1900PublishedCited by 19 opinions

Action for fouling a brook and mill privilege by tbe discharge of sewage, claiming damages and an injunction, brought to the Superior Court in Litchfield County and tried to the court, Shumway, J.; facts found, injunction refused, and judgment rendered for the plaintiff for $50 damages, and appeal by the defendant for alleged errors in the rulings of the court. The finding stated these facts: The plaintiffs’ land is situated on Great Brook hi New Milford.

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Action for fouling a brook and mill privilege by tbe discharge of sewage, claiming damages and an injunction, brought to the Superior Court in Litchfield County and tried to the court, Shumway, J.; facts found, injunction refused, and judgment rendered for the plaintiff for $50 damages, and appeal by the defendant for alleged errors in the rulings of the court. The finding stated these facts: The plaintiffs’ land is situated on Great Brook hi New Milford. There are no buildings on it. To use it for buildings would require some previous filling on a part of it. It has been used for pasturage,…

1Opinion of the CourtBaldwin, J.

Towns may build town-houses and any necessary outbuildings. General Statutes, § 130; White v. Stamford, 37 Conn. 578, 586. If by connecting with a sewer they can save the expense of outbuildings or better accomplish the purposes these might otherwise serve, a reasonable construction of the statute gives them the right so to do.

School districts have similar powers, and in case of consolidation the town succeeds to the possession of their property and the responsibilities attaching to such possession. General Statutes, Title 35, Chapters 135, 136; Public Acts of 1893, p. 410, Chap. 265.

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2Cases cited5 opinions

  1. Nolan v. City of New BritainSupreme Court of Connecticut · 1897
  2. Watson v. New Milford Water Co.Supreme Court of Connecticut · 1899
  3. Morgan v. City of DanburySupreme Court of Connecticut · 1896
  4. Buddington v. KnowlesSupreme Court of Connecticut · 1861
  5. White v. Town of StamfordSupreme Court of Connecticut · 1871

3Cited by19 opinions

  1. Rempfer v. Deerfield Packing Corp.Supreme Court of New Jersey · 1950
  2. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  3. Equitable Life Assurance Society of United States v. SladeSupreme Court of Connecticut · 1937
  4. Lawton v. HerrickSupreme Court of Connecticut · 1910
  5. Nowell v. NowellSupreme Court of Connecticut · 1972

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