Legal Opinion

Keating v. MacDonald

Supreme Court of Connecticut

Decided July 13, 1900PublishedCited by 4 opinions

Action to recover damages for the willful and unlawful destruction of the plaintiff’s dwelling-house, brought to the Superior Court in Fairfield County where the defendants’ demurrer to the plaintiff’s reply was overruled (Ralph Wheeler, J.') and the case was afterwards tried to the court, Shumway, J.; facts found and judgment rendered for the plaintiff for $800 damages, and appeal by the defendants for alleged errors in the rulings of the court.

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Action to recover damages for the willful and unlawful destruction of the plaintiff’s dwelling-house, brought to the Superior Court in Fairfield County where the defendants’ demurrer to the plaintiff’s reply was overruled (Ralph Wheeler, J.') and the case was afterwards tried to the court, Shumway, J.; facts found and judgment rendered for the plaintiff for $800 damages, and appeal by the defendants for alleged errors in the rulings of the court. On the 16th of May, 1898, the plaintiff, upon her application, obtained permission of the common council of Bridgeport to move her dwelling-house…

1Opinion of the CourtHall, J.

In justification of the act complained of, the defendants pleaded the resolution and order of the common council directing them to remove the building in question as an obstruction to public travel upon the highway, and as a nuisance. One of the plaintiff’s replies was, that having moved the building to that place by permission of the common council, with the intention of placing it upon the lot at Hallett Street, and having learned that said lot “ was not available for that purpose,” the board of common council, “ although there was no good reason for so doing,” refused to permit her to move…

2Cases cited1 opinion

  1. Burnham v. HotchkissSupreme Court of Connecticut · 1841

3Cited by4 opinions

  1. City of New London v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1912
  2. Kiley v. DoranSupreme Court of Connecticut · 1926
  3. Edison Electric Light & Power Co. v. BlomquistSupreme Court of Minnesota · 1910
  4. Katsch v. City of New HavenSupreme Court of Connecticut · 1912

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