New Hartford Water Co. v. Village Water Co.
Supreme Court of Connecticut
Suit to restrain the defendant from digging up the streets in which the plaintiff’s water mains were laid, from laying any of its own pipes therein over, under, or near those of the plaintiff, and from otherwise interfering with the alleged rights of the plaintiff, brought to and tried by the Superior Court in Litchfield County, Greene, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. No error.
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Suit to restrain the defendant from digging up the streets in which the plaintiff’s water mains were laid, from laying any of its own pipes therein over, under, or near those of the plaintiff, and from otherwise interfering with the alleged rights of the plaintiff, brought to and tried by the Superior Court in Litchfield County, Greene, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. No error. The plaintiff is a corporation created by special charter in 1889 (10 Special Laws, p. 804), “for the purpose of supplying the towns of New Hartford and Barkhamsted…
1Opinion of the CourtThayer, J.
The fundamental claim of the plaintiff is that the defendant, which is a corporation created by the legislature under a special charter, is exceeding its rights under its charter, and that special damage, for- which the plaintiff has no adequate remedy at law, will result to it from the defendant’s ultra vires acts, threatened and in process of execution at the time a temporary injunction was granted in this action. In support of this claim it says, in effect, that it has the exclusive right under its charter to lay pipes in the streets and highways of New Hartford, and that this right could…
2Cases cited4 opinions
- Fertilizing Co. v. Hyde ParkSupreme Court of the United States · 1878
- Railroad Co. v. EllermanSupreme Court of the United States · 1882
- State v. TowersSupreme Court of Connecticut · 1899
- New England Railroad v. Central Railway & Electric Co.Supreme Court of Connecticut · 1897
3Cited by8 opinions
- United States Fidelity & Guaranty Co. v. English Construction Co.Massachusetts Supreme Judicial Court · 1939
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Tampa Electric Co. v. WITHLACOOCHEE RIVER ELEC. COOP., INC.Supreme Court of Florida · 1960
- St. Joseph Telephone & Telegraph Co. v. Southeastern Telephone Co.Supreme Court of Florida · 1941
- Hartford Steam Service Co. v. SullivanConnecticut Superior Court · 1966
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