Legal Opinion

Connecticut Light & Power Co. v. Town of Southbury

Supreme Court of Connecticut

Decided July 20, 1920PublishedCited by 25 opinions

Petition under Chapter 217 of the Public Acts of 1919 for the discontinuance of a portion of a certain highway in the towns of Southbury and Oxford, which would be overflowed by the water set- back by the petitioner’s dam across the Housatonic River, brought to and heard by the Hon. Luden F. Burpee, a judge of the Superior Court; facts found and judgment rendered for the petitioner, and appeal by the defendant town of Southbury.

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Petition under Chapter 217 of the Public Acts of 1919 for the discontinuance of a portion of a certain highway in the towns of Southbury and Oxford, which would be overflowed by the water set- back by the petitioner’s dam across the Housatonic River, brought to and heard by the Hon. Luden F. Burpee, a judge of the Superior Court; facts found and judgment rendered for the petitioner, and appeal by the defendant town of Southbury. Chapter 217 of the Public Acts of 1919 provides, in effect, that the portion of the River Road extending from a point near Zoar Bridge in the town of Oxford, to a…

1Opinion of the CourtBeach, J.

We think the judgment is not erroneous in form. The petition follows the statute in asking for a finding of the value of the land occupied by the River Road within the described limits, and the amount of a bond which should be sufficient to indemnify the State and the respondent towns. Having once preferred these requests in the body; of the petition, there was no necessity for repeating them in a formal prayer for relief. The statute directs that the trial judge “shall in writing direct said company to pay to the treasurer of the State” the ascertained value of the land, and “shall also…

2Cases cited2 opinions

  1. New Milford Water Co. v. WatsonSupreme Court of Connecticut · 1902
  2. Cogswell v. Second National BankSupreme Court of Connecticut · 1903

3Cited by25 opinions

  1. Amsel v. BrooksSupreme Court of Connecticut · 1954
  2. Society for Savings v. Chestnut Estates, Inc.Supreme Court of Connecticut · 1979
  3. Sage-Allen Co., Inc. v. WheelerSupreme Court of Connecticut · 1935
  4. McAdams v. BarbieriSupreme Court of Connecticut · 1956
  5. Rindge v. HolbrookSupreme Court of Connecticut · 1930

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