Judd v. City of Hartford
Supreme Court of Connecticut
Action to recover damages for an injury claimed to have been caused by the defendant’s negligence in stopping up the outlet of a sewer, whereby the sewage was set back in the basement of the plaintiffs’ storehouse, brought to the Superior Court in Hartford County and tried to the court, Thayer, J. ; facts found and judgment rendered for the plaintiffs for $2,940 damages, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover damages for an injury claimed to have been caused by the defendant’s negligence in stopping up the outlet of a sewer, whereby the sewage was set back in the basement of the plaintiffs’ storehouse, brought to the Superior Court in Hartford County and tried to the court, Thayer, J. ; facts found and judgment rendered for the plaintiffs for $2,940 damages, and appeal by the defendant for alleged errors in the rulings of the court. The finding stated the following facts: The plaintiffs owned a store on High street in Hartford. The defendant city, in 1873, laid a sewer in the…
1Opinion of the CourtBaldwin, J.
The city was held liable to the plaintiffs, not because it planned and constructed an inadequate sewer, but because, after planning and constructing an adequate sewer, it left obstructions in it, placed there for temporary purposes, which its agents carelessly omitted to remove, after those purposes had been accomplished.
For negligence in such matters a municipal corporation cannot escape responsibility on account of its public character. It is a person in law, capable of indicting injuries, and liable to suit by him avIio suffers them, unless they flow from or are incident to the performance…
2Cases cited6 opinions
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Jewett v. City of New HavenSupreme Court of Connecticut · 1871
- State v. StaubSupreme Court of Connecticut · 1892
- Mootry v. Town of DanburySupreme Court of Connecticut · 1878
- Diamond Match Co. v. Town of New HavenSupreme Court of Connecticut · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hannon v. City of WaterburySupreme Court of Connecticut · 1927
- Colwell v. City of WaterburySupreme Court of Connecticut · 1902
- Spitzer v. City of WaterburySupreme Court of Connecticut · 1931
- Bowden v. City of Kansas CitySupreme Court of Kansas · 1904
- Frances v. Town of SharonSupreme Court of Iowa · 1909
13 more not listed; retrieve them via the Exa API.