White v. Fuller
Supreme Court of Connecticut
Trespass on the case for the diversion of water ; brought to the Superior Court in Hartford county. The defendant pleaded a general denial and the jury returned a verdict for the plaintiff for six cents damages.
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Trespass on the case for the diversion of water ; brought to the Superior Court in Hartford county. The defendant pleaded a general denial and the jury returned a verdict for the plaintiff for six cents damages. The act of 1866 provides that “ in all actions of trespass and trespass on the case tried in the Superior Court, if the damages found by the verdict of the jury or ‘otherwise shall not exceed thirty-five dollars, the plaintiff shall recover no more cost than damages, unless the title of land, the. right of way or the right to the use of water is in question; provided, that when the…
1Opinion of the CourtPark, J.
If the plaintiff is entitled to recover full costs in this case, it is difficult to conceive a case of the kind where *151the provisions of the act in question would apply. The right of the plaintiff to the use of the water was not put in issue by the pleadings of the parties, nor was it controverted on the trial. The case is an extreme one for the application of the statute, and if it does not apply to it it must be conceded it can apply to no case of this description. The plaintiff relies upon the fact that to succeed in his suit it was necessary to state in his declaration his right to the use…
2Cases cited4 opinions
- Bishop v. SeeleySupreme Court of Connecticut · 1847
- Mansfield v. ChurchSupreme Court of Connecticut · 1851
- Scovill v. SeeleySupreme Court of Connecticut · 1841
- Arnold v. KelloggSupreme Court of Connecticut · 1856
3Cited by1 opinion
- Holmes v. Cleveland, C. & C. R.District Court, N.D. Ohio · 1861