Tanner v. Town of Manchester
Supreme Court of Connecticut
Action to recover damages alleged to have been caused to the premises of the plaintiff, an abutting landowner, by a change of grade in the highway, brought to and tried by the Court of Common Pleas in Hartford County, Smith, J.; facts found and judgment rendered for the plaintiff for $132, and appeal by the defendant. In 1896 the defendant town voted to expend a certain sum in grading and macadamizing a part of Main Street in front of the plaintiff’s land.
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Action to recover damages alleged to have been caused to the premises of the plaintiff, an abutting landowner, by a change of grade in the highway, brought to and tried by the Court of Common Pleas in Hartford County, Smith, J.; facts found and judgment rendered for the plaintiff for $132, and appeal by the defendant. In 1896 the defendant town voted to expend a certain sum in grading and macadamizing a part of Main Street in front of the plaintiff’s land. Only the traveled carriageway was so graded and macadamized. Plaintiff’s land was higher than this grade, and between the plaintiff’s line…
1Opinion of the CourtBeach, J.
The principal question of law involved in this appeal is whether § 2 of a Special Act of 1913 (page 841), repeals § 1437 of the General Statutes so far as to relieve the Town of. Manchester from liability for damages caused by a change of grade in highways, when the change of grade is incidental to the construe tion of a sidewalk ordered under authority of the Special Act.
Section 2 of the Special Act authorizes the selectmen of Manchester, on finding that public convenience and necessity require it, to order the construction of a sidewalk, of specified material and grade, and provides that…
2Cases cited9 opinions
- McGar v. Borough of BristolSupreme Court of Connecticut · 1899
- Fellowes v. City of New HavenSupreme Court of Connecticut · 1876
- Healey v. City of New HavenSupreme Court of Connecticut · 1879
- Skinner v. Hartford Bridge Co.Supreme Court of Connecticut · 1861
- Dickerman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
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