Royce v. Heneage

The plaintiffs brought an action against the first selectman of the town of Westport wherein they sought damages and an injunction to prohibit town officials from interfering with and removing a water dam located on their property. The defendant town1 interposed a counterclaim to enjoin the maintenance of the dam. The issues were found for the defendant, and the trial court enjoined the plaintiffs from maintaining the dam without first obtaining approval of the town. From that judgment the plaintiffs have appealed, assigning error in the trial court’s refusal to find certain facts,2 in its…