Town of Farmington v. Riley
Supreme Court of Connecticut
Suit to restrain the defendants from removing sand and gravel from Round Hill, so-called, in the plaintiff town, brought to and tried by the Superior Court in Hartford County, Holcomb, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant Riley.
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Suit to restrain the defendants from removing sand and gravel from Round Hill, so-called, in the plaintiff town, brought to and tried by the Superior Court in Hartford County, Holcomb, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant Riley. Round Hill is a small hill in the town of Farmington, consisting of sand and gravel of superior quality and specially adapted for building purposes, concrete work, and the construction and repair of highways. There is no other known considerable deposit of sand or gravel in the town, or one of equal quality and so easily…
1Opinion of the CourtPrentice, C. J.
There are several questions presented by this record to which counsel upon argument have devoted a measure of attention, which, under the conditions presented to us, do not call for our answer.
It is, for instance, wholly immaterial whether or not the word "reserving,” as used in the deed of the town to Gleason in connection with the privilege of digging and removing gravel and sand from the described premises, was the strictly correct one to use there. The words "reserve” and “reserving” and "except” and "excepting” are frequently used inartificially and interchangeably. The law, however,…
2Cases cited5 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Bryan v. BradleySupreme Court of Connecticut · 1844
- Barnes v. BurtSupreme Court of Connecticut · 1871
- City of New Haven v. HotchkissSupreme Court of Connecticut · 1904
- Banks v. WarnerSupreme Court of Connecticut · 1912
3Cited by5 opinions
- Miller v. StateSupreme Court of Connecticut · 1936
- Trout v. Farmers Trust Co. of NewarkSupreme Court of Delaware · 1933
- Andrews v. Connecticut Light & Power Co.Connecticut Superior Court · 1962
- Adams v. Osage Tribe of IndiansCourt of Appeals for the Tenth Circuit · 1932
- Iannuzzi v. Ahearn, No. 295516. (Jan. 31, 1991)Connecticut Superior Court · 1991