Legal Opinion

Norwalk Heating & Lighting Co. v. Vernam

Supreme Court of Connecticut

Decided June 10, 1903PublishedCited by 14 opinions

Suit for an injunction and other equitable relief, and for damages, on account of a structure projecting over the plaintiff ’s land, constructed by the defendants on their land adjoining ; brought to the Court of Common Pleas for Fairfield County by appeal from the Town Court of Norwalk, and tried to the court, Curtis, J. Judgment that the defendants remove the structure, and appeal by them.

1Opinion of the CourtBaldwin, J.

The plaintiff owns certain land, which is substantially covered by the waters of the Norwalk River. The defendants own adjoining land on the river bank, having a brick building upon it extending to the boundary line. To this building they have attached a wooden structure, supported by beams resting on its foundation walls, which is ten feet wide and nineteen feet deep, and projects over the plaintiff’s land without touching it. The plaintiff’s title rests on a conveyance made after this structure was completed. It has requested the defendants, who are occupying it by tenants as part of a…

2Cases cited1 opinion

  1. Randall v. SandersonMassachusetts Supreme Judicial Court · 1872

3Cited by14 opinions

  1. Walton v. Town of New HartfordSupreme Court of Connecticut · 1992
  2. Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
  3. Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
  4. City National Bank v. StoeckelSupreme Court of Connecticut · 1926
  5. Pradelt v. LewisIllinois Supreme Court · 1921

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