Smith v. King
Supreme Court of Connecticut
Suit for an injunction against the flooding of the plaintiff’s land by setting back the water of a stream upon it; brought to the Court of Common Pleas of New Haven County. The case was heard before Denting, J., who made the following finding of facts.
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Suit for an injunction against the flooding of the plaintiff’s land by setting back the water of a stream upon it; brought to the Court of Common Pleas of New Haven County. The case was heard before Denting, J., who made the following finding of facts. For a number of years the plaintiff has been and now is the owner of a tract of wood-land containing several acres, situated in the town of Seymour, and covered with a growth of young trees consisting of elm, ash, maple, chestnut, alder and other varieties. The defendant owns a tract of land adjoining, which he purchased in 1880. A small stream…
1Opinion of the CourtAsdbews, C. J.
As a general rule an injunction will not be granted to prevent a threatened trespass. But where there is something particular in the case, so as to bring the injury under the head of quieting possession, or so as to make out a case of irreparable mischief, or where the value of the inheritance is put in jeopardy, an injunction may be awarded. The rule, with its exceptions and the reasons therefor, is very clearly stated by Chancellor Kent in Stevens v. Beekman, 1 Johns. Ch., 318; Livingston v. Livingston, 6 id., 497; Jerome v. Ross, 7 id., 315. See also Story’s Eq. Jur., § 928.
The strictness…
2Cases cited6 opinions
- Company for Erecting & Supporting a Toll Bridge v. Connecticut River Co.Supreme Court of Connecticut · 1828
- Goodwin v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1876
- Chadeayne v. RobinsonSupreme Court of Connecticut · 1887
- Grant v. AllenSupreme Court of Connecticut · 1874
- Stevens v. BeekmanNew York Court of Chancery · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shea v. GavittSupreme Court of Connecticut · 1915
- Robertson v. LewieSupreme Court of Connecticut · 1904
- Stein v. ColemanSupreme Court of Connecticut · 1901
- Thompson v. New Haven Water Co.Supreme Court of Connecticut · 1913
- Connecticut Light & Power Co. v. FleetwoodSupreme Court of Connecticut · 1938
3 more not listed; retrieve them via the Exa API.