McGar v. Borough of Bristol
Supreme Court of Connecticut
Action to recover special damage to premises claimed to have been caused by a change of grade in abutting highways, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J.; facts found and judgment rendered for the plaintiff for $200 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court.
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Action to recover special damage to premises claimed to have been caused by a change of grade in abutting highways, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J.; facts found and judgment rendered for the plaintiff for $200 damages, and appeal by the defendant for alleged errors in the rulings and findings of the court. The finding stated these facts: The plaintiff in 1894 owned a lot on the corner of Prospect and Henry streets in the defendant borough, on which were one house fronting on the former and two fronting on the latter. The Prospect street…
1Opinion of the CourtBaldwin, J.
The plaintiff’s right of action is purely statutory. General Statutes, §2708. The damages recoverable for a change of grade in a highway include such as may *655result from any change in that of the sidewalks: These, when constructed on the highway, form a part of it, and it is within the discretion of the municipal authorities whether they shall or shall not be maintained on the level of the roadbed traveled by vehicles. To change their grade is to change in part that of the highway, although in other respects it may be left unaltered. Hillhouse v. New Haven, 62 Conn. 344.
An injury from changes…
2Cases cited4 opinions
- Thresher v. DyerSupreme Court of Connecticut · 1897
- Fellowes v. City of New HavenSupreme Court of Connecticut · 1876
- Platt v. Town of MilfordSupreme Court of Connecticut · 1895
- Hillhouse v. City of New HavenSupreme Court of Connecticut · 1892
3Cited by41 opinions
- State v. PackardSupreme Court of Connecticut · 1981
- Birnbaum v. IvesSupreme Court of Connecticut · 1972
- Willoughby v. City of New HavenSupreme Court of Connecticut · 1937
- Andrews v. CoxSupreme Court of Connecticut · 1941
- State v. SwintonSupreme Court of Connecticut · 2004
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