Legal Opinion

Shelton Co. v. Borough of Birmingham

Supreme Court of Connecticut

Decided January 16, 1893PublishedCited by 3 opinions

New Haven & Fairfield Cos., Oct. T., 1892. Andrews, C. J., Carpenter, Fenn and F. B. Hall, Js. Appeal from an assessment of damages upon a city improvement; brought before Studley, J., (of the Court of Common Pleas of New Haven County,) being the same case before this court at a former term and reported in 61 Conn., 518. The case was referred back to the committee for a further hearing, and a further report made, against the acceptance of which the plaintiff remonstrated;…

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New Haven & Fairfield Cos., Oct. T., 1892. Andrews, C. J., Carpenter, Fenn and F. B. Hall, Js. Appeal from an assessment of damages upon a city improvement; brought before Studley, J., (of the Court of Common Pleas of New Haven County,) being the same case before this court at a former term and reported in 61 Conn., 518. The case was referred back to the committee for a further hearing, and a further report made, against the acceptance of which the plaintiff remonstrated; and the questions of law arising thereon were reserved for the advice of this court.

1Opinion of the CourtCarpenter, J.

When this case was before us on a former occasion (61 Conn., 518,) it was held that the plaintiff could not be allowed as an item of damages, resulting from the change of grade, the expense of constructing a new sidewalk by order of the borough, pursuant to the charter. In the opinion then given the court was careful to discriminate between the cost of constructing a new sidewalk and the value of a sidewalk'previously constructed by the plaintiff, and which was destroyed by the change of grade. On a rehearing before the committee the plaintiff offered to prove the value of the old sidewalk,…

2Cases cited1 opinion

  1. Shelton Co. v. Borough of BirminghamSupreme Court of Connecticut · 1892

3Cited by3 opinions

  1. Campbell v. City of New HavenSupreme Court of Connecticut · 1924
  2. Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
  3. Platt v. Town of MilfordSupreme Court of Connecticut · 1895

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