Legal Opinion

Pinney v. Borough of Winsted

Supreme Court of Connecticut

Decided July 12, 1910PublishedCited by 7 opinions

Action to recover damages for unlawfully appropriating for highway uses a narrow strip of land along the front of the plaintiffs’ premises, and for an injunction, brought to and tried by the Superior Court in Litchfield County, George W. Wheeler, J.; facts found and judgment rendered for the plaintiffs for $400 against the defendant town of Winchester, from which said town appealed.

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Action to recover damages for unlawfully appropriating for highway uses a narrow strip of land along the front of the plaintiffs’ premises, and for an injunction, brought to and tried by the Superior Court in Litchfield County, George W. Wheeler, J.; facts found and judgment rendered for the plaintiffs for $400 against the defendant town of Winchester, from which said town appealed. The selectmen of the town of Winchester entered upon the land of Mrs. Pinney, cut down the trees, removed her fence, appropriated a strip seven and one half feet wide, running across the entire front of her lot,…

1Opinion of the CourtRobinson, J.

There are some questions raised on this appeal which appear to have been conclusively settled by the finding of the trial judge, and these we shall take no time to discuss. The court found that the title to the strip of land was in Mrs. Pinney, and we are unable to see any error on the part of the trial judge in reaching this conclusion. It was a question to be determined from all the evidence. Mrs. Pinney claimed that this strip of land belonged to her. The town claimed that it was in fact a part of the highway, and on this it based its right to do the acts complained of. The trial judge…

2Cases cited2 opinions

  1. Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
  2. Woodward v. ReynoldsSupreme Court of Connecticut · 1890

3Cited by7 opinions

  1. New River, Holston & Western Railroad v. HonakerSupreme Court of Virginia · 1916
  2. Read v. WebsterSupreme Court of Vermont · 1921
  3. Raposa v. GuaySupreme Court of Rhode Island · 1956
  4. San Luis Dist. v. NoffsingerSupreme Court of Colorado · 1929
  5. San Luis Valley Irrigation District v. NoffsingerSupreme Court of Colorado · 1929

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