Cheeseborough v. Green
Supreme Court of Connecticut
in error. This was an action on the case. The declaralion stated, that the plaintiff owned and possessed a lot of land, at the corner of Main and Court streets, in the city of New-London, with the first and second stories of the brick building thereon standing, and also the foundation and cellar underneath the same; that the defendant, at the same time, owned and possessed the third or upper story, and the roof of said building, directly over the parts thereof owned and…
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in error. This was an action on the case. The declaralion stated, that the plaintiff owned and possessed a lot of land, at the corner of Main and Court streets, in the city of New-London, with the first and second stories of the brick building thereon standing, and also the foundation and cellar underneath the same; that the defendant, at the same time, owned and possessed the third or upper story, and the roof of said building, directly over the parts thereof owned and possessed by the plaintiff; that by reason of the defendant'sownership and possession of said upper story and roof, he ought…
1Opinion of the Court
Daggett, Ch. J.
The declaration, in substance, is, that the plaintiff'Owns the fir.t and second stories of a brick store, and the defendant owns the third story and roof. The defendant, has suffered the roof to decay and become leaky and ruinous, so that the lower part of the building is injured ; and for this neglect of the defendant this action is brought. The superior court, on a trial, found the facts alleged true, but adjudged the declaration insufficient. It is now to be decided, by this court, whether this action can be sustained.
*321There is no statute, nor any custom, nor any adjudged…
2Cases cited2 opinions
- Campbell v. MesierNew York Court of Chancery · 1819
- Loring v. BaconMassachusetts Supreme Judicial Court · 1808
3Cited by19 opinions
- Dustin v. CurtisSupreme Court of New Hampshire · 1907
- Adams v. MarshallMassachusetts Supreme Judicial Court · 1885
- Krueger v. FerrantSupreme Court of Minnesota · 1882
- Badger Lumber Co. v. SteppSupreme Court of Missouri · 1900
- Pierce v. DyerMassachusetts Supreme Judicial Court · 1872
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