Prior v. Swartz
Supreme Court of Connecticut
New Haven & Fairfield Cos., April T., 1892. Andrews, C. J., Carpenter, Seymour, Torrance and Penn, Js. Shit for an injunction against the destruction of an oyster-bed of the plaintiff, by the defendant’s wharfing out over and digging a channel through it, and for damages; brought to the Superior Court in Fairfield County. Answer by the defendant, and demurrer to a part of the answer.
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New Haven & Fairfield Cos., April T., 1892. Andrews, C. J., Carpenter, Seymour, Torrance and Penn, Js. Shit for an injunction against the destruction of an oyster-bed of the plaintiff, by the defendant’s wharfing out over and digging a channel through it, and for damages; brought to the Superior Court in Fairfield County. Answer by the defendant, and demurrer to a part of the answer. Demurrer overruled, and the case heard on the facts before Thayer, J. Facts found and judgment rendered for the defendant, and appeal by the plaintiff. The case is fully stated in the opinion. .
1Opinion of the CourtSeymour, J.
It will not be necessary to state fully the finding in this case in order to understand the points involved.
The defendant, owning land adjoining that part of Long Island Sound known as Stamford Harbor, and within the navigable waters of this state, built a wharf opposite and contiguous to his land from the upland, above high water mark, to low water mark, and thence, below low water mark, out towards the channel of the harbor; and, for the purpose of connecting the end of his wharf with the harbor channel, he dug a channel between the two, also a channel in front of and alongside the end of…
2Cases cited5 opinions
- Inhabitants of East-Haven v. HemingwaySupreme Court of Connecticut · 1828
- Weed v. WeedSupreme Court of Connecticut · 1856
- Mather v. ChapmanSupreme Court of Connecticut · 1873
- New Haven Steamboat Co. v. Sargent & Co.Supreme Court of Connecticut · 1882
- State v. Sargent & Co.Supreme Court of Connecticut · 1877
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- Shorehaven Golf Club, Inc. v. Water Resources CommissionSupreme Court of Connecticut · 1959
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