Grant v. Allen
Supreme Court of Connecticut
Trespass qu. cl. fr., brought to the Court of Common Picas for the county of Hartford, and tried to the jury on the general issue, with notice, before Briscoe, J. On the trial it appeared that the plaintiff and defendants were the owners of adjoining lots in the city of Hartford, and had been since and for sometime before the autumn of 1872, the plaintiff occupying as a residence a dwelling house upon his lot, located about eight feet from the division line.
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Trespass qu. cl. fr., brought to the Court of Common Picas for the county of Hartford, and tried to the jury on the general issue, with notice, before Briscoe, J. On the trial it appeared that the plaintiff and defendants were the owners of adjoining lots in the city of Hartford, and had been since and for sometime before the autumn of 1872, the plaintiff occupying as a residence a dwelling house upon his lot, located about eight feet from the division line. In the fall of 1872 the defendants excavated a cellar on their land, and laid the foundations for a large building, which they completed…
1Opinion of the CourtPardee, J.
The right of the owner of land to determine the manner in which he will use it, or the mode in which he will enjoy it, the same being lawful, is too high in character to be affected by considerations growing out of the retention, diversion, or repulsion of mere surface water, the result of falling rain or melting snow.
There being in the case before us no grant, express or implied, and no stipulation between the parties concerning the mode in which their respective parcels of land shall be occupied and improved, the defendants could not enter upon the plaintiff’s land without his consent,…
2Cited by13 opinions
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