Legal Opinion

Kinne v. Town of New Haven

Supreme Court of Connecticut

Decided September 15, 1864PublishedCited by 7 opinions

These were two separate actions of general assumpsit, one against the town of New Haven and the other against the town of East Haven, for work done under similar contracts, in building piers for a bridge across the Quinnipiac river, at Fair Haven village, which river separates the two towns.

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These were two separate actions of general assumpsit, one against the town of New Haven and the other against the town of East Haven, for work done under similar contracts, in building piers for a bridge across the Quinnipiac river, at Fair Haven village, which river separates the two towns. By’ agreement the cases were tried together in the superior court, on an issue closed to the court, and one finding of facts made for both, and both reserved' together upon the facts so found for the advice of this court. The defendants claimed that the work was not completed within the time stipulated by…

1Opinion of the CourtPabk, J.

The controversy in these cases is in regard to the defendants’ right to recoup in damages the expenses that certain inhabitants of each of the defendant towns were subjected to, in consequence of the non-fulfillment of the contracts by the plaintiffs within the time stipulated therein.

The plaintiffs made a contract with each of the defendant towns for the removal of certain old piers from the Quinnipiac l’iver and the erection of new ones for the support of a bridge across the stream. They agreed to complete the work within a specified time. They failed to do so. The defendants refused to pay…

2Cases cited2 opinions

  1. Town of Union v. CrawfordSupreme Court of Connecticut · 1848
  2. Avery v. BrownSupreme Court of Connecticut · 1863

3Cited by7 opinions

  1. National Transportation Co., Inc. v. ToquetSupreme Court of Connecticut · 1937
  2. City of Detroit v. Michigan Paving Co.Michigan Supreme Court · 1877
  3. Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
  4. Nickerson v. MartinConnecticut Superior Court · 1976
  5. City of New Haven v. New Haven & Derby RailroadSupreme Court of Connecticut · 1892

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