Hoadley v. M. Seward & Son Co.
Supreme Court of Connecticut
Suit for an injunction against a nuisance and for damages, brought to the Superior Court in New Haven County and tried to the court, Elmer, J.; facts found and judgment rendered for the plaintiff for #800 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court.
Read the full summary
Suit for an injunction against a nuisance and for damages, brought to the Superior Court in New Haven County and tried to the court, Elmer, J.; facts found and judgment rendered for the plaintiff for #800 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court. The complaint set out in detail that the defendant carried on a large factory situated contiguous to the dwelling-house of the plaintiff, “ and in the transaction of its business has used and still continues to use a boiler and steam engine, to which is attached a steam whistle frequently…
1Opinion of the CourtAndkews, C. J.
The numerous assignments of error set forth in the appeal are grouped by the counsel for the defendant in their brief, and are considered under seven heads.
1. It is claimed that the trial court erred “ in refusing to strike out from the complaint the allegation that the health of the family of the plaintiff had been injuriously affected, and in permitting the plaintiff, in support of his right to recover damages, to testify as to the personal injury and physical suffering caused Ms wife by the disturbances attributed to the operation of the defendant’s factory.”
This assignment of error, it…
2Cases cited4 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Hurlbut v. McKoneSupreme Court of Connecticut · 1887
- Hathaway v. HemingwaySupreme Court of Connecticut · 1850
3Cited by14 opinions
- Beckwith v. Town of StratfordSupreme Court of Connecticut · 1942
- Nailor v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1933
- Alfred Atmore Pope Foundation, Inc. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1927
- W. G. Maltby, Inc. v. Associated Realty Co.Supreme Court of Connecticut · 1932
- Herbert v. SmythSupreme Court of Connecticut · 1967
9 more not listed; retrieve them via the Exa API.