Borough of Torrington v. Messenger
Supreme Court of Connecticut
Action to restrain the defendants from interfering with or preventing the plaintiff from clearing a watercourse and natural drain through the defendants’ land, and from filling up the same or otherwise obstructing the flow of surface water from a highway, brought to the Court of Common Pleas in Litchfield County and tried to the court, Bradstreet, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the…
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Action to restrain the defendants from interfering with or preventing the plaintiff from clearing a watercourse and natural drain through the defendants’ land, and from filling up the same or otherwise obstructing the flow of surface water from a highway, brought to the Court of Common Pleas in Litchfield County and tried to the court, Bradstreet, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court. The defendants are the owners of a house lot with dwelling thereon fronting upon a strip of land within the…
1Opinion of the CourtPrentice, J.
This appeal states thirty reasons therefor. Our view of the case renders it unnecessary to consider more than one of them. In some of its possible aspects the case suggests certain important questions. Not the least of these, perhaps, is one as to the construction to be given to § 2683 of the General Statutes, upon which the plaintiff relies for authority for its action in the premises. Any construction accorded to it must bear the test of. constitutionality, if the section is to be an operative one. Clearly, its language must be kept within such bounds that it shall not authorize the taking…
2Cases cited1 opinion
- Gillett v. JohnsonSupreme Court of Connecticut · 1861
3Cited by9 opinions
- Spring v. ConstantinoSupreme Court of Connecticut · 1975
- Conners v. City of New HavenSupreme Court of Connecticut · 1924
- Postemski v. WatrousSupreme Court of Connecticut · 1963
- Rudnyai v. Town of HarwintonSupreme Court of Connecticut · 1906
- Thompson v. New Haven Water Co.Supreme Court of Connecticut · 1913
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