Legal Opinion

Noyes v. Stillman

Supreme Court of Connecticut

Decided July 15, 1855PublishedCited by 15 opinions

This was an action on the case, brought to the term of the superior court for the county of New London, holden in March, 1855. The declaration alleged, substantially, that “on or about the first day of April, 1847, the plaintiff was, and many years before, and ever since, has been lawfully possessed of a certain tract of meadow-land situated in Stonington, bounded, &c., containing about five acres of land, which the defendants well knew, but contriving and intending to…

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This was an action on the case, brought to the term of the superior court for the county of New London, holden in March, 1855. The declaration alleged, substantially, that “on or about the first day of April, 1847, the plaintiff was, and many years before, and ever since, has been lawfully possessed of a certain tract of meadow-land situated in Stonington, bounded, &c., containing about five acres of land, which the defendants well knew, but contriving and intending to injure the plaintiff, and deprive her of the benefit of said meadow-land, on or about the second day of April, 1847, erected…

1Opinion of the CourtHinman, J.

The plaintiff, in her declaration, seeks to recover for an injury to land, of which she claims to have been for several years lawfully possessed. The injury is *21claimed to have been caused by the defendants’ dam, setting back the waters of Pawcatuck river, so as to overflow the land. She alleges no title in herself, except such as is to be inferred from her lawful possession, and no permanent injury, except such as may be inferred from the allegation that the land has been overflowed and drowned, by means of which the* grass growing there has been spoiled, and the land made worse. We think,…

2Cited by15 opinions

  1. Ahern v. . SteeleNew York Court of Appeals · 1889
  2. Dawson v. Town of OrangeSupreme Court of Connecticut · 1905
  3. Gager v. CarlsonSupreme Court of Connecticut · 1959
  4. Foote v. BrownSupreme Court of Connecticut · 1908
  5. Carlisle v. CooperSupreme Court of New Jersey · 1870

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