Stein v. Coleman
Supreme Court of Connecticut
Action to restrain the defendant from discharging rain and surface water from his house and land upon the adjoining premises of the plaintiff, and for damages, brought to the Superior Court in New Haven County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court.
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Action to restrain the defendant from discharging rain and surface water from his house and land upon the adjoining premises of the plaintiff, and for damages, brought to the Superior Court in New Haven County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court. The fourth, fifth and sixth paragraphs of the complaint are as follows: — “4. The defendant had his dwelling-house so built and constructed, and the premises between said dwelling-house and the property of the plaintiff…
1Opinion of the CourtAndrews, C. J.
There was error in granting the injunction. The record does not show a case calling for that remedy. An injunction is not to be granted to prevent a threatened trespass. There is nothing in the case to bring the injury complained of within the head of quieting possession, or so as to make out a case of irreparable injury, or one in which the inheritance was put in jeopardy. The injunction should have been denied. Smith v. King, 61 Conn. 511.
The finding shows that upon the trial of the cause to the jury the plaintiff offered evidence tending to prove and claimed to have proved that there was…
2Cases cited3 opinions
- Greenthal v. Lincoln, Seyms & Co.Supreme Court of Connecticut · 1896
- Whiting v. KoepkeSupreme Court of Connecticut · 1898
- Smith v. KingSupreme Court of Connecticut · 1892
3Cited by17 opinions
- Firszt v. Capitol Park Realty Co.Supreme Court of Connecticut · 1923
- Tide Water Oil Sales Corporation v. ShimelmanSupreme Court of Connecticut · 1932
- Kane v. KaneSupreme Court of Connecticut · 1935
- Dewire v. HanleySupreme Court of Connecticut · 1907
- Shea v. GavittSupreme Court of Connecticut · 1915
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