Brown & Bros. v. Illius
Supreme Court of Connecticut
Action on the case for a nuisance, tried to the jury on the general issue. The plaintiffs, who were a corporation by the name of Brown and Brothers, owned and conducted an extensive manufacturing establishment in the town of Waterbury, having on their premises a large well which supplied water for a steam engine and for the use of their workmen.
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Action on the case for a nuisance, tried to the jury on the general issue. The plaintiffs, who were a corporation by the name of Brown and Brothers, owned and conducted an extensive manufacturing establishment in the town of Waterbury, having on their premises a large well which supplied water for a steam engine and for the use of their workmen. The defendant owned a contiguous lot, on which he had erected gas works, in close proximity to the buildings and well of the plaintiffs, at which he manufactured gas in large quantities. The plaintiffs in their declaration alleged and on the trial…
1Opinion of the CourtStorrs, C. J.
As to the first question made on the trial, respecting the existence of the plaintiffs as a corporation, -that was a point which it was not competent for the defendant to avail himself of under the general issue. The objection should have been taken by a plea in abatement. The plea of the general issue is a waiver of all objections to the *91person of the plaintiff, and admits his capacity to sue in the action. Phœnix Bank v. Curtis, 114 Conn., 437. As it would therefore avail nothing to the defendant on another trial, even if the court below decided incorrectly respecting the organization of…
2Cases cited3 opinions
- Roath v. DriscollSupreme Court of Connecticut · 1850
- Brown v. IlliusSupreme Court of Connecticut · 1857
- Nourse v. LycettSupreme Court of Connecticut · 1932
3Cited by15 opinions
- City of Emporia v. SodenSupreme Court of Kansas · 1881
- Swift & Co. v. Peoples Coal & Oil Co.Supreme Court of Connecticut · 1936
- Kinnaird v. Standard Oil Co.Court of Appeals of Kentucky · 1890
- Haldeman v. BruckhartSupreme Court of Pennsylvania · 1863
- Beatrice Gas Co. v. ThomasNebraska Supreme Court · 1894
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