Borough of Wallingford v. Hall
Supreme Court of Connecticut
Action to recover a forfeiture for the alleged violation of a by-law of the plaintiff borough; brought before a justice of the peace and thence by defendant’s appeal to the Court of Common Pleas for New Haven County, where the case was tried to the jury before Hotchkiss, J. After the plaintiff had introduced its evidence and rested, the defendant moved for judgment as in case of nonsuit which the court granted, and upon its refusal to set aside such judgment the plaintiff…
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Action to recover a forfeiture for the alleged violation of a by-law of the plaintiff borough; brought before a justice of the peace and thence by defendant’s appeal to the Court of Common Pleas for New Haven County, where the case was tried to the jury before Hotchkiss, J. After the plaintiff had introduced its evidence and rested, the defendant moved for judgment as in case of nonsuit which the court granted, and upon its refusal to set aside such judgment the plaintiff appealed.
1Opinion of the CourtFehit, J.
The charter of the borough of Wallingford, which is a public act, empowers its court of burgesses to make and enforce by-laws upon certain subjects, one of which is the “ excavation or opening of the streets or highways for public or private purposes. ” Pursuant to such authority, said court of burgesses passed a by-law “ prohibiting the opening or making of any excavation, vault or cellar, in, upon, or under any street or highway in said borough, without the consent of the warden or court of burgesses,” and providing that “every person violating said by-law shall forfeit and pay, for such…
2Cases cited4 opinions
- Brown & Bros. v. BrownSupreme Court of Connecticut · 1888
- Hallenbeck v. GetzSupreme Court of Connecticut · 1893
- People's Savings Bank v. Borough of NorwalkSupreme Court of Connecticut · 1888
- Pratt v. Borough of LitchfieldSupreme Court of Connecticut · 1892
3Cited by5 opinions
- Crotty v. City of DanburySupreme Court of Connecticut · 1906
- UNITED BANANA COMPANY v. United Fruit CompanyDistrict Court, D. Connecticut · 1959
- Sullivan v. City of BridgeportSupreme Court of Connecticut · 1909
- Davis v. MillsCourt of Appeals for the Second Circuit · 1903
- Fitch v. BillSupreme Court of Connecticut · 1898