Watson v. New Milford Water Co.
Supreme Court of Connecticut
Action for an injunction to restrain the further diversion of the waters of a stream above the plaintiffs’ premises, and for damages, brought to the Superior Court in Litchfield County and, after certain rulings adverse to the plaintiffs upon a demurrer and motion to strike out, by Elmer and Thayer, Js., tried to the court, George W. Wheeler, J.; facts, found and judgment rendered for the defendant, and appeal by the plaintiffs for alleged errors in the rulings and findings…
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Action for an injunction to restrain the further diversion of the waters of a stream above the plaintiffs’ premises, and for damages, brought to the Superior Court in Litchfield County and, after certain rulings adverse to the plaintiffs upon a demurrer and motion to strike out, by Elmer and Thayer, Js., tried to the court, George W. Wheeler, J.; facts, found and judgment rendered for the defendant, and appeal by the plaintiffs for alleged errors in the rulings and findings of the court. The facts on which the judgment is founded are as follows : “1. The plaintiffs intermarried January 20th,…
1Opinion of the CourtHameesley, J.
The rulings of the trial court upon the pleadings have been assigned as error. These rulings did not injure the plaintiffs, and need not be considered.
The assignments of error, in finding from the evidence certain of the facts on which the judgment was founded, cannot be considered; facts so adjudicated by the Superior Court *450cannot be retried by this court. Thresher v. Dyer, 69 Conn. 404, 408.
The only material assignment of error is that the facts found do not support the judgment rendered. Error on this ground is claimed because the court reached the conclusions that an injunction ought not…
2Cases cited4 opinions
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
- Thresher v. DyerSupreme Court of Connecticut · 1897
- Hawley v. BeardsleySupreme Court of Connecticut · 1880
- City of New Britain v. SargentSupreme Court of Connecticut · 1875
3Cited by22 opinions
- Collens v. New Canaan Water Co.Supreme Court of Connecticut · 1967
- Green v. DonroeSupreme Court of Connecticut · 1982
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- Kelly v. IvlerSupreme Court of Connecticut · 1982
- Holt v. WissingerSupreme Court of Connecticut · 1958
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