Kaspar v. Dawson
Supreme Court of Connecticut
Suit for an injunction to restrain the defendants from using a barn for stabling horses and from piling manure upon their premises, and for damages resulting from said acts, brought to the Court of Common Pleas in Fairfield County and tried to the Court, Gurtis, ■!.; facts found, and judgment rendered for the plaintiff, and appeal by both parties for alleged errors in the rulings and findings of the court.
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Suit for an injunction to restrain the defendants from using a barn for stabling horses and from piling manure upon their premises, and for damages resulting from said acts, brought to the Court of Common Pleas in Fairfield County and tried to the Court, Gurtis, ■!.; facts found, and judgment rendered for the plaintiff, and appeal by both parties for alleged errors in the rulings and findings of the court. The complaint alleged that the defendants had thrown the manure from their barn in a pile between the barn and a board fence on the line of the street; that the pile of manure was not…
1Opinion of the CourtTTat.Ti, J.
Both plaintiff and defendants have appealed from the judgment of the Court of Common Pleas.
The plaintiff has no cause to complain of the rulings of the trial court admitting evidence offered by the defendants to show that the alleged odors may have come from other sources than the defendants’ stable, or in receiving the testimony of experienced persons as to the extent to which odors could arise from a barn kept in the condition of that of the defendants. The court has decided the question of fact upon which this evidence bore in favor of the plaintiff. But no argument is needed to show that…
2Cases cited5 opinions
- Rounsaville v. KohlheimSupreme Court of Georgia · 1882
- Baldwin v. MilesSupreme Court of Connecticut · 1890
- Metropolitan Savings Bank v. ManionCourt of Appeals of Maryland · 1898
- Peck v. WhitingSupreme Court of Connecticut · 1851
- Boardman v. Meriden Britannia Co.Supreme Court of Connecticut · 1869
3Cited by7 opinions
- Alfred Atmore Pope Foundation, Inc. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1927
- Deming v. BradstreetSupreme Court of Connecticut · 1912
- W. G. Maltby, Inc. v. Associated Realty Co.Supreme Court of Connecticut · 1932
- Herbert v. SmythSupreme Court of Connecticut · 1967
- Palverari v. FintaSupreme Court of Connecticut · 1942
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