Town of Suffield v. Hathaway
Supreme Court of Connecticut
Petition for an injunction to restrain the respondent from digging up water pipes laid under a highway by the selectmen of the petitioners and from filling up an excavation made by them by the side of the highway; brought to the Superior Court in Hartford County.
Read the full summary
Petition for an injunction to restrain the respondent from digging up water pipes laid under a highway by the selectmen of the petitioners and from filling up an excavation made by them by the side of the highway; brought to the Superior Court in Hartford County. The court found the following facts: Por a long period prior to the commencement of the present suit there was a public highway in the town of Suffield running in a westerly direction from High street in the village of Suffield to West Suffield. Prior to October, 1874, the respondent was, and ever since has been, the owner of certain…
1Opinion of the CourtPardee, J.
In Woodruff v. Neal, 28 Conn., 167, Storrs, C. J., said as follows: “It is well established in this state, in conformity with the principles of the common law, that a highway is simply an easement or servitude, conferring upon the public only the right of passing over the land on which it is laid out, and as an incident of such right that of using the soil and the materials upon it in a reasonable manner for the purpose of making and repairing it. The title of the owner of the land is not extinguished, but is simply so qualified that it can only be enjoyed subject to the easement. He retains…
2Cited by7 opinions
- Wright v. AustinCalifornia Supreme Court · 1904
- Kiser v. Douglas CountyWashington Supreme Court · 1912
- Bigelow v. WhitcombSupreme Court of New Hampshire · 1904
- Sherwood v. City of DuluthSupreme Court of Minnesota · 1889
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
2 more not listed; retrieve them via the Exa API.